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Month: July 2025

Handling termination of contracts with an insolvent customer

Posted on by Britt Thompson

Upon hearing that its customer that has become insolvent, it would be a natural response for a supplier to query whether it can exit its commercial relationship with that customer. The potential concern over non-payment for supplies necessarily looms large. Suppliers must tread carefully when seeking such an exit as insolvency legalisation limits their options, but there are ways to navigate the situation, with careful drafting of supply contracts.

Sections 233, 233A and 233B of the Insolvency Act 1986 (IA 1986) prevent certain supply contracts from being terminated by the supplier simply because the customer enters an insolvency process. The intention behind these provisions is to prevent an insolvent company being cut off by a supplier, or being subjected to forced, unfavourable contract changes to keep supply flowing.

“Insolvency” is defined broadly in the IA 1986 and includes where a customer: (a) is subject to a moratorium; (b) enters administration or liquidation; (c) has an administrative receiver or provisional liquidator appointed; (d) enters into a voluntary arrangement such as a “CVA”; or (e) is subject to a court order for a meeting relating to a compromise or arrangement.

The restriction on termination

Section 233A limits termination of contracts for the supply of “essential supplies”, but section 233B is far broader-ranging and protects all goods and services supply contracts already in force at the time of the customer’s insolvency, subject only to limited exceptions. The supplier’s restriction on termination is triggered if the customer enters into any of the ‘collective corporate insolvency procedures’ under the IA 1986; in effect, covering all forms of insolvency.

This bar on terminating applies to suppliers only. A customer can still terminate a supply contract if its supplier became insolvent. Suppliers also cannot vary the contract or make payment of outstanding pre-insolvency sums a condition of continuing the supply.

A supply clause that purports to automatically terminate the agreement, or grants a supplier the right terminate, upon the customer entering into insolvency proceedings is, in effect, inoperable. However, it is still market standard to see termination provisions that appear to grant such rights. Understanding the subtleties of these termination clauses is vital to ensuring that a clause properly protects a supplier.

How a supplier can protect its position with drafting

While a supplier cannot terminate for the customer insolvency itself, it can still terminate:

  • for a pre-insolvency breach of contract (which may include non-payment) provided that the termination right is exercised before the customer’s insolvency proceedings have begun; and
  • for a fresh breach that occurs after the insolvency proceedings have commenced.

Suppliers must therefore ensure that their written contracts give them enforceable termination rights.

  1. Triggers before insolvency proceedings: A termination clause should capture pre-insolvency distress scenarios which are not limited by the legislation. The clause should allow the supplier the right to terminate (a) for customer non-payment within specified timescales; (b) if the customer commits a material breach (which might include non-payment); (c) if the customer suspends or ceases all or part of its business (or threatens the same); and (d) if the customer’s financial position deteriorates to such an extent that the supplier considers the customer may be unable to pay (but is not yet in insolvency proceedings
  2. Triggers on new grounds that arise after the insolvency proceedings have begun. For example, if the customer or its insolvency office-holder fails to make payment that arises after the insolvency began. This again demonstrates the value of a termination trigger for material breach.
  3. Terminating for convenience / on normal notice. This should be permissible after insolvency, provided that the contract grants the supplier a free option to terminate on notice, and any notice periods and other timeframes are properly observed. The supplier must continue to supply during the notice period to avoid the prohibition on suspending supply under the IA 1986.

The above tools can help suppliers to steer a route through the difficult situation of a customer’s insolvency. Our Commercial Contracts team have a wealth of experience in drafting supply contracts and terms and conditions across a wide range of sectors and industries.

For further information or advice please contact Becky Cooper on 01494 932614 or email becky.cooper@blasermills.co.uk.

Don’t leave your legacy to chance: Why everyone needs a Will

Posted on by Britt Thompson

Many people assume that Wills are only for the wealthy or elderly, but the reality is that anyone with loved ones, children, property or savings should have one. Without a valid Will in place, your estate will be divided according to strict legal rules, and not necessarily in the way you would have chosen.

Under the UK’s intestacy laws, unmarried partners are not entitled to inherit anything, no matter how long you’ve been together or whether you have children. Even close family members can be left out, and important decisions, such as who looks after your children, may be made without your input.

An example that made headlines was the death of singer Liam Payne. Despite his substantial estate, he died without a Will. Because he wasn’t married, his partner received nothing, and his young son’s inheritance is now being managed under court rules until he turns 18. It’s a gentle reminder that life can be unpredictable, and without a Will, those you care about may face added complications at an already difficult time.

By making a Will, you can:

  • Choose exactly who inherits your money, home and possessions.
  • Appoint guardians to care for your children if the worst happens.
  • Decide who will manage your estate and any trusts on your behalf.
  • Make sure the people and causes that matter to you are included.
  • Protect young or vulnerable beneficiaries by setting conditions around when and how they inherit.

Wills also help reduce delays and minimise the risk of disputes. Without one, the people you care about may face legal costs, uncertainty, and emotional stress at an already difficult time.

Reviewing your Will regularly is just as important. Life events such as marriage, divorce, buying a property or having children can all affect your wishes, and your Will should reflect those changes.

Whether your affairs are simple or more complex, putting a Will in place is one of the most responsible steps you can take. It provides clarity, peace of mind, and lasting protection for the people who matter most.

At Blaser Mills Law, we make the process straightforward and personal. If you’d like to talk about making or updating your Will, our Private Client team is here to help. Get in touch with Partner, Karen Woodison on 01494 781362 or email karen.woodison@blasermills.co.uk.

Why a Health and Wealth Lasting Power of Attorney matters

Posted on by Britt Thompson

None of us likes to think about a time when we may not be able to make our own decisions. But planning ahead can make all the difference, for you, and for the people who care about you.

A Health and Welfare Lasting Power of Attorney (LPA) is a legal document that allows you to appoint someone you trust to make decisions about your personal health and care, if you ever lose the ability to do so yourself. It means your wishes can still be followed, even if you’re not able to express them.

What does a Health and Welfare LPA cover?

Your chosen attorney or attorneys will be able to make decisions about:

  • where you live and who supports you
  • your daily routine, including food, dress and hygiene
  • medical treatment and care plans
  • life-sustaining treatment
  • end-of-life care, including your wishes around organ donation

Unlike a Financial LPA, this type of LPA can only be used when you’re no longer able to make these decisions yourself. But by putting it in place now, you stay in control of who makes those decisions, and how.

Why is it important?

Without a Health and Welfare LPA, even your closest family members won’t have automatic authority to act on your behalf. In a crisis, this can delay treatment or leave loved ones feeling powerless. Social services or doctors may have to make decisions without knowing your preferences.

An LPA removes this uncertainty and ensures your voice is still heard, through someone who knows you well.

What should I do next?

  1. Think about your wishes
    Would you prefer to stay at home rather than move into care? Do you have strong views on certain treatments, or religious and cultural preferences you want respected? Thinking about this now gives you a clear basis for your LPA.
  2. Talk to those closest to you
    Once you’ve thought it through, have a conversation with your chosen attorney(s). These are not always easy discussions, but they make all the difference later on.
  3. Get the right legal advice
    While it’s possible to complete the paperwork yourself, many people find the forms confusing. Mistakes or unclear wording can make your LPA invalid. We recommend seeking legal advice to ensure the document is properly drafted and reflects your wishes clearly.

For further information or advice please contact Jonathan Gallop, Partner and Head of Wills, Trusts and Probate on 01494 781362, or email  enquiries@blasermills.co.uk.

Mediation myths: Separating fact from fiction

Posted on by Britt Thompson

Mediation is becoming an increasingly popular choice for families going through separation or divorce, especially for those looking to resolve matters more privately and amicably.

Partner and Head of Family & Divorce, Sadie Glover, outlines some of the common myths, and what you should and should not expect from the mediation process.

Myth 1: Mediation is only for couples who get along

In reality, many couples choose mediation because communication has broken down. The mediator is trained to manage difficult conversations and help both parties find a way forward, even where there is conflict.

Myth 2: Mediation leads to a legally binding agreement

It’s important to understand that agreements reached in mediation are not legally binding. Your solicitor will help you review any proposals and can formalise them into a consent order, making the outcome enforceable by the court.

Myth 3: Mediation is unsuitable when finances are complex

High-net-worth families often have complex assets, such as property, businesses and trusts. A good mediator will work alongside your solicitor and other advisers to help make sure everything is properly shared and understood.

Myth 4: Mediation will make me compromise too much

A good mediator will not pressure you into agreeing to something you’re uncomfortable with. The process is designed to give both parties a voice and promote fair outcomes. You remain in control and can take legal advice at any stage.

Myth 5: Mediation is just a ‘tick box’ before going to court

While mediation is a required first step before applying to court (unless exemptions apply), many families find it genuinely effective, saving time, cost, and stress, and allowing them to retain more control over their future arrangements.

Mediation can offer real advantages, particularly for clients who value privacy, discretion and flexibility. With the right legal support alongside, it can help resolve issues in a way that feels fair and dignified for everyone involved.

To discuss whether mediation is right for you, please contact Sadie Glover, Partner and Head of Family & Divorce on 01494 411189, or email enquiries@blasermills.co.uk.

Blaser Mills delves into its history

Posted on by Britt Thompson

Blaser Mills recently welcomed Anthony Blaser, who brought with him memorabilia and historical documents relating to his uncle and the firm’s founder Bernard Blaser.

With roots tracing back to 1888, Bernard Blaser took over ownership of the firm in 1934 before which he served in the armed forces with Second Battalion ‘London Scottish’.

Anthony brought with him a fascinating collection of family possessions, including medals, a solicitor qualification certificate, and presentation items from the jubilees of King George VI and Queen Elizabeth II. These items also offered a rare insight into the firm’s historic connection with Buckingham Palace, for whom Blaser Mills once acted as trusted legal advisers.

Bernards contributions were pivotal in shaping the firm’s future, guiding its transformation into Blaser Mills and Evill. Today, our firm continues to live by Bernard’s values, putting people at the heart of everything we do.

About Blaser Mills

Blaser Mills is a full-service law firm, offering a comprehensive range of legal services to businesses and private individuals. Having been established for over 130 years, we have retained a strong, local presence in Buckinghamshire and the surrounds, servicing clients from our Amersham, High Wycombe and Marlow offices.

For more information, visit www.blasermills.co.uk.

Navigating the New Employment Rights Bill: What companies need to know

Posted on by Britt Thompson

The Government’s recently published Implementation Roadmap for the Employment Rights Bill marks a significant transformation in employment law, affecting millions of workers and businesses across England. The roadmap details a phased introduction of new rights and obligations, giving employers time to adapt while aiming to improve working conditions, raise living standards, and provide greater certainty for business planning.

Key changes and timetable

The roadmap sets out a clear timeline for the introduction of new measures:

  • Two months after Royal Assent: Immediate changes include repealing most of the Trade Union Act 2016, simplifying industrial action notices, and strengthening protections against dismissal for those taking industrial action.
  • April 2026: Major reforms such as doubling the protective award in collective redundancies, granting ‘day one’ rights to paternity and parental leave, removing the lower earnings limit and waiting period for Statutory Sick Pay, and establishing the Fair Work Agency will come into effect.
  • October 2026: Further measures include restrictions on ‘fire and rehire’ practices, enhanced protection against third-party harassment, and strengthened trade union access rights.
  • 2027: The most anticipated changes; ‘day one’ protection against unfair dismissal and new rights for workers on zero hours contracts will be implemented, alongside requirements for gender pay gap action plans.

The Government has committed to ongoing consultation with employers and stakeholders to ensure that the reforms are both practical and effective.

How we can assist

Our expertise can support companies in several key areas:

  • Legal compliance: We can audit current HR policies, contracts, and procedures to ensure they align with the new legal requirements as each phase of the Bill is implemented.
  • Risk management: By advising on potential legal risks, such as those arising from changes to redundancy processes, sick pay, or unfair dismissal we can help companies avoid costly disputes and tribunal claims.
  • Policy development: We can draft or update internal policies relating to parental leave, whistleblowing, anti-harassment, and flexible working, ensuring that documentation is robust and compliant.
  • Training and communication: We can deliver training to HR teams and management on the practical implications of the new laws, helping staff understand their responsibilities and reducing the risk of inadvertent breaches.
  • Dispute resolution: Should disputes arise under the new regime, we are equipped to advise on resolution strategies, represent companies in negotiations, or defend claims at employment tribunals.

Preparing for change

With the Employment Rights Bill representing the most significant upgrade to workers’ rights in a generation, early engagement with employment solicitors is vital. By seeking legal advice now, companies can:

  • Proactively identify areas of risk and non-compliance;
  • Implement changes in a timely, structured manner; and
  • Ensure their business remains competitive and attractive to both current and prospective employees.

The phased approach of the roadmap gives businesses time to adapt, but the complexity and breadth of the reforms mean that expert legal guidance will be essential for a smooth transition.

If you would like access to advice or need further guidance, please contact the Employment Team at Blaser Mills Law on 02038 142020 or email enquiries@blasermills.co.uk.

How 2025 reforms will affect the real estate sector

Posted on by Britt Thompson

Two key regulatory frameworks, set to shape the UK’s housing landscape, will come into force in 2025. The Future Homes Standard (FHS) and the New Homes Quality Code (NHQC) aim to address two concerns within the industry: the environmental impact of new homes and the quality of the housebuilding process.

Though aimed at residential developments, these changes will affect the entire real estate market. This article outlines what they involve and how professionals can prepare.

The Future Homes Standard

What is the Future Homes Standard?

The Future Homes Standard, from the Department for Levelling Up, Housing and Communities, sets mandatory energy and carbon targets for new homes in England from 2025. Building on the 2021 interim uplift, it aims to make all new homes ‘net zero ready’, avoiding future retrofitting to meet the UK’s 2050 net zero target.

What will change on the ground?

New homes, extensions and renovations must:

  • Produce 75-80% lower carbon emissions, than homes built to standard in 2013.
  • Be built without fossil fuel heating systems – which would mean no gas boilers or connections.
  • Rely on low-carbon heating systems e.g. air or ground source heat pumps
  • Incorporate ‘fabric first’ principles by using materials with high levels of insulation and efficient glazing to reduce the demand for heating.
  • Integrate smart and renewable energy systems such as smart meters and solar panels.

Who is affected by the reform?

  • Housing developers and builders will need to re-design existing building specifications and new systems may need to be adopted.
  • Local authorities will need to consider and assess any planning applications against the new standards.
  • Lenders may place increased emphasis on compliance with the reform as part of their due diligence and lending decisions could be influenced for non-compliant developments and face valuation risks.
  • Strategic landowners must assess futureutility and infrastructure capabilities of the land, such as whether sufficient electrical grid capacity is available and the feasibility of a zero-carbon development when appraising land and considering future planning. Land values may be influenced by the viability of meeting the requirements such as in rural areas where grid connections may be costly or slow.

The New Homes Quality Code

What is the New Homes Quality Code?

The New Homes Quality Code, launched by the New Homes Quality Board, sets out how new-build homebuyers should be treated throughout the purchase process and after completion. Introduced in response to concerns over defects, poor accountability and inconsistent service, the Code creates an enforceable framework backed by the New Homes Ombudsman Service.

Developers must comply from 2025. By addressing gaps in the current conveyancing process, the Code aims to ease what is often one of life’s most stressful experiences.

Key requirements of the Code

  • Transparent and consistent pre-purchase information (specifications of the property, timescales and charges involved).  
  • A clear complaint and redress process with specified timelines for resolution.
  • A formal handover process, including the provision of documentation, support for snagging surveys and guidance for residents.
  • A two-year care period post completion, during which developers are obligated to resolve issues.
  • Independent recourse via the NHOS for unresolved complaint or systematic failings.

Who must comply with the Code?

All housing developers who are registered with the NHQB (which is expected to become an industry wide standard by the end of 2025), Local Authority Schemes and Investors involved in housing delivery.

What does this mean for the wider sector?

Whilst the code is not applicable for the Build to Rent sector, commercial to residential conversions or affordable housing providers, the principles of accountability, transparency and quality assurance are gaining attention within the housing market.

Developers should prepare for the NHQC to become a benchmark for industry standard, even if not formally required by law. Masterplans will need to demonstrate not only compliance with these standards but also how homes will be supported by appropriate infrastructure.

A way forward

The Future Homes Standard and New Homes Quality Code comes into force at a time the UK property market is under pressure to decarbonise, raise construction standards and rebuild public trust.

Rather than viewing the frameworks as regulatory burdens, the real estate industry is encouraged to see them as opportunities for innovation, risk mitigation and sustainers for long term value.

It is thought that success will depend on early engagement in design and energy strategies, collaboration between developers, planners, and landowners, and robust governance that ensures transparency in both environmental performance and customer service.

For developers, investors, and landowners, understanding the requirements from the outset will be essential to staying competitive in a market that is increasingly driven by performance-based results and to those who invest in futureproofing now will be better positioned to deliver projects that are resilient, financeable, and aligned with evolving policy.

To discuss how the reforms may impact your projects – or to explore how best to future-proof your developments, please get in touch with our Real Estate team on 02038 142020 or email enquiries@blasermills.co.uk. Alternatively, fill in our contact form.