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Do you need to tell the (potential) buyer about the future threat to the business? If you want to avoid a claim for misrepresentation you do… or risk unlimited liability.
A case on 20th April this year has confirmed the position at English law that silence (when you know an honest statement is no longer true) can amount to fraudulent misrepresentation.
It’s not the first such case to make this point (as anyone who attends our regular in house lawyers forums will be aware) but it does place the bar higher for sellers of businesses, who must balance the threat to the sale against the (very real) threat of a claim, in respect of which they will not be able to limit liability.
Yesterday’s announcement already seems to be a seminal moment on the road to recovery from the impacts of the pandemic. Here are some of the headline points.
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In Sethi v Elements Personnel Services Limited, the Employment Tribunal has considered the implications of dress codes on men.
In a lengthy majority judgment accompanied by two powerful dissenting opinions, the Supreme Court found yesterday that land acquired and held for statutory purposes cannot be registered as a village green where that registration is incompatible with the statutory purpose for which it is held.
Some commentators had anticipated that persisting retail sector challenges might disrupt more than the make-up of the high street or commercial property negotiations between landlords and tenants.
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