Commercial

It is good practice for business owners to create agreements from the outset with a view to setting out exactly what is to happen in certain events, including a deadlock between the parties and the breakdown of a business relationship. Such documents contain properly drafted mechanisms to avoid disagreement.

Our commercial team has the expertise to advise on all forms of commercial contracts and business-to-business agreements. We can provide you with tailored, pragmatic legal advice on the best way to avoid disputes in the first place. We offer a dynamic service and place a high value on being available and responsive to our clients throughout the process.

Our services include the preparation, drafting, and negotiation of:

• Agency, distribution, and licencing agreements
• Business collaboration agreements
• Confidentiality and Non-Disclosure agreements
• Guarantees
• Insurance
• IT agreements and terms and conditions
• Leasing and hire agreements
• Product liability
• Sale and purchase of goods and the provision of services in both the public and private sectors, including terms and conditions of trade
• Sub-contracting and outsourcing
• Unfair terms in consumer contracts and consumer protection generally
• Website terms and conditions

Company Law is integral for organisations to maximise revenue and ensure compliance with statute and other legal regulations. We offer ‘across the board’ support and advice to businesses whether the organisation is starting out or already well-established.

We act for a wide variety of enterprises across the country, including SMEs (involved in a broad range of industries and fields), trade businesses, investment companies, property management companies, property developers, charitable organisations, and schools or colleges. We are very proud that many of those businesses have been with us for a significant number of years, which is a testament to the strong relationships that our team build with business owners and managers.

Our commercial team has the skill and expertise to advise upon all aspects of commercial activity and can deal with the drafting and negotiating a full range of commercial contracts, including:

• Advice upon Directors’ duties and interests
• Business and asset sales
• Commercial contracts – including terms and conditions
• Company sales, mergers, and acquisitions
• Compliance with the Companies Act 2006
• Corporate Finance (see below)
• Cross-option agreements
• Guarantees
• Employee share option agreements
• Incorporation of companies and LLPs
• Joint venture and shareholder agreements
• Management Buyouts (MBOs)
• Service Contracts
• Starting a company or partnership

Corporate finance can range from drafting facility agreements to advising on funding documents relating to acquisitions, secured lending, and asset finance. Our commercial team also acts for businesses and high net worth clients in relation to lending and borrowing, sources of finance, banking, and security work.

We have significant experience within the firm and offer straight-forward, clear, and commercially astute advice upon complex transactions. We always act on your behalf to enable you to make the best decisions for your business or investment. The clients’ interest is firmly in our minds from beginning to end and you will receive responsive and flexible service.

We can assist in the following areas:

• Fundraising
• Investment trusts
• Joint ventures
• MBOs/MBIs
• Mergers and acquisitions
• Private equity
• Share option schemes

The insolvency team at Jefferies has a broad knowledge and experience advising business owners, managers and creditors in relation to all aspects of commercial and corporate insolvency.

Our capability allows us to provide straight-forward and timely legal advice in what can often be a very stressful situation (for example, when a winding up petition has been presented against your company and the bank has frozen the company’s bank account).

We provide services for insolvency practitioners, businesses and individuals in relation to:

• Actions under s.423 Insolvency Act 1986 (transactions defrauding creditors)
• Advice and applications relating to the restriction on re-use of company names (ss.216 & 217 Insolvency Act 1986)
• Appealing against a rejection of a proof of debt by a liquidator or trustee
• Bankruptcy advice – including annulment applications, Income Payment Agreements, Income Payment Order applications and advice regarding a trustee’s interest in the matrimonial home
• Breach of contract claims
• Contested book debt recovery claims
• Defence of winding up petitions – including injunctions restraining presentation and advertisement of petitions, applications for a Validation Order etc.
• Unfair prejudice petitions (and other shareholder disputes)
• Defence of proceedings brought under the Company Directors Disqualification Act 1986 as well as applications for permission to continue to be a director notwithstanding disqualification
• Misfeasance actions
• Preference and transaction at an undervalue claims
• Presentation of winding up petitions
• Retention of title claims
• Statutory demands – service of and applications to set aside
• Unlawful dividend claims
• Wrongful trading and fraudulent trading claims

Services for Insolvency Practitioners

We also offer services to insolvency practitioners and accountants. Our vast experience in this area allows us to provide cost-effective advice on niche areas of insolvency law including corporate recovery and turn around. Our services cover:

• Asset and debt recovery
• Advice and support concerning Liquidation, Administration, Pre-Packs, CVAs etc.
• Bringing claims in relation to Misfeasance, Preferences and transactions at undervalue, transactions defrauding creditors, wrongful and fraudulent trading
• Defence of proceedings brought under the Company Directors Disqualification Act 1986 as well as applications for permission to continue to be a director notwithstanding disqualification
• Winding up petitions – including statutory demands and Supervisor petitions following IVAs

We are widely regarded as leaders in this field, and our experienced team frequently advise on a range of issues; from small businesses to large cross-jurisdictional matters. We are commercially savvy and always ensure that the client achieves the best possible result. Please view the areas we are able to support you in below.