Business Law Insights
In our latest business law update, you can find insights from our commercial law teams on the following issues:
Corporate & Commercial
Debt Recovery
Employment
Crime & Regulatory
Agriculture & Estates
Commercial Property Disputes
Ashtons Legal News
Ashtons advise Aidos on Seed Round
The Emerging Companies team at Ashtons has advised Norwich safeguarding start-up Aidos on its seed funding round.
Aidos is a fast-growing safeguarding technology that makes children and teachers in photos unidentifiable, protecting against exploitation, blackmail, and harmful manipulation. The company has been extensively covered in national and international press in recent weeks, as it provides a crucial solution to an issue that is growing in severity and frequency.
The seed round includes funds from a number of experienced private investors to be used for further product development and expansion.
Corporate & Commercial
Enterprise Management Incentive schemes expanded eligibility
From 6 April 2026, reforms announced in the 2025 Budget have expanded eligibility for Enterprise Management Incentive (EMI) schemes.
To be eligible to grant EMI options, a company must meet several conditions. Several of these remain unchanged by the reforms. For example, the company must be UK-based and carry on a qualifying trade.
From 6 April 2026, the following limits were increased:
- the gross assets (that is, assets without regard to liabilities) threshold has increased four-fold from £30 million to £120 million
- the number of full-time employees at the time of grant has increased from 250 employees to 500 employees
- the total value of shares under all unexercised EMI options at any time has doubled to £6 million.
These changes will allow larger scale-up businesses to offer tax-advantaged share options and will significantly increase the number of companies eligible to grant an EMI scheme.
In addition, EMI options granted on or after 6 April 2026 may now be exercised within 15 years of the grant date, extending the previous 10-year limit.
Debt Recovery
Serving a Claim outside of Jurisdiction
Bringing legal proceedings against a defendant located abroad presents unique challenges that require careful navigation of both domestic and international legal frameworks. At Ashtons Legal, we regularly assist clients in understanding and managing the complexities of cross-border litigation.
Early legal advice is essential when considering proceedings against an overseas Defendant. The procedural requirements are strict, and failure to comply can result in significant delays or the claim being struck out entirely. Evidence supporting the application for permission must be thorough and persuasive. It is important to note that dealing with parties outside of the Jurisdiction can also add to the cost of the litigation, given the additional procedural steps that need to be taken.
At Ashtons Legal, we take a strategic view of cross-border disputes. We assess not only the legal merits but also the commercial realities of pursuing claims against overseas defendants. Our experience across multiple jurisdictions enables us to provide practical, commercially focused advice tailored to your specific circumstances.
If you are considering bringing proceedings against a defendant located outside England and Wales, or if you have been served with proceedings from another jurisdiction, our litigation team is here to help guide you through the process.
Protecting Your Legacy: Tax, Legal & Valuation Strategies
We are pleased to invite you to our upcoming summer seminars, designed to help you navigate the increasingly complex landscape facing business owners today.
With significant changes to tax regulations and new opportunities emerging, we have brought together leading experts to provide you with practical, actionable guidance.
We are running the seminars in two locations:
- 18 June – Ravenwood Hall, Bury St Edmunds
- 30 June – Fakenham Racecourse
Both seminars will run from 8:00-12:30, with a bacon roll or pastry available. The events are free to attend and will involve an active Q&A session to close.
Employment
Workplace harassment – a significant expansion of employer liability
The Employment Rights Act 2025 introduces a wider scope, requiring employers to take “all” reasonable steps to prevent workplace harassment.
- From April 2026, sexual harassment will become an express qualifying disclosure for whistleblowing purposes.
- Non-disclosure agreements that restrict disclosures of harassment or discrimination will be unenforceable (subject to limited exceptions).
- From October 2026, employers must take all reasonable steps to prevent sexual harassment and harassment by third parties. Employers will be expected to do more than react to complaints, with the focus shifting to prevention, and the consequences of falling short could be significant.
- Employers will face standalone tribunal claims for failing to prevent third-party harassment.
- Employers who don’t take all reasonable steps to prevent sexual harassment face a 25% uplift in compensation.
Remember that you are not automatically liable for a third party’s actions – liability will arise if you didn’t do what was reasonable to protect your staff, and this will involve adopting a critical approach while looking at your workplace culture and working practices.
Our team is here to help support your business through this period of unprecedented employment law transformation and to help you prepare as much as possible in advance of the changes.
Commercial Property Disputes
Landmark ruling changes how landlords must serve notices on commercial tenants
A court decision has recently upended decades of established practice in commercial property law, which may affect thousands of landlords and business tenants across England and Wales.
For years, landlords serving notices under the Landlord and Tenant Act 1954 (which governs business tenancies) could rely on a clear method: send the notice by registered post to the tenant’s last known address, and the job was done. Even if the tenant never received it, the notice was considered valid. This is in line with the provisions of s196 of the Law of Property Act 1925, which is commonly found in business leases.
The case of Lamba v London Borough of Enfield [2025] EWCH 3543 KB has now dramatically changed this assumption, and whilst it is likely to be challenged, it certainly raises something for us property lawyers to consider.
Why this matters
This case represents a shift toward a stricter interpretation of contractual terms in commercial leases. While it creates additional obligations for landlords, it also provides greater certainty and protection for business tenants who rely on proper notice to make important decisions about their premises.
The ruling acts as a reminder that in commercial property law, the devil truly is in the details. What might seem like standard boilerplate language in a lease might have profound consequences when it comes to serving notices.
Key takeaway: Don’t assume that established methods of serving notices will always work. Check your lease first, follow its requirements precisely, and keep evidence that you’ve done so. When in doubt, seek professional legal advice.
Employment
The Fair Work Agency
The Fair Work Agency, a new enforcement body for certain employment rights, was established on 7 April 2026.
The Fair Work Agency will consolidate a number of existing enforcement functions, including those relating to the national minimum wage, statutory sick pay, employment tribunal penalties, labour exploitation and modern slavery, and the regulation of employment agencies’ rules. It will also introduce, for the first time, an ability to fine employers who underpay holiday pay.
What should you be doing now?
Holiday entitlement can be complex, and it is easy to make mistakes. It is crucial for employers to get their holiday record-keeping in order. There is no prescribed format, but employers will need to be able to show:
- How much statutory holiday each person has taken.
- That holiday pay has been correctly calculated.
- That employees have been paid what they are owed.
- Make sure you haven’t misclassified anyone as self-employed.
We recommend auditing payment policies and systems to resolve potential underpayment issues and ensure your HR processes are accurate and transparent to minimise the risk of exposure.
Crime & Regulatory
Police investigations: What to expect if you are bailed to return or released under investigation
Being arrested and interviewed by police is one of the most unsettling experiences a person can go through. Whether you have been Bailed to Return (BTR) or Released Under Investigation (RUI), you are likely sitting with a lot of unanswered questions. This article explains what both outcomes mean, what happens during the waiting period, and how a solicitor can realistically help.
Released Under Investigation or Bailed to Return — What Is the Difference?
RUI means you are released with no conditions and no fixed return date whilst the police continue investigating. There is no statutory time limit on how long this can last. We have seen clients wait weeks; others have waited well over a year.
BTR means you must return to the station at a specified date and time — generally within three months. Bail conditions may be attached, such as not contacting a complainant, surrendering your passport, or avoiding a particular address. Breaching conditions is not a criminal offence in itself, but it will prompt a further arrest and review.
The key difference is structure. BTR is more restrictive but comes with a defined endpoint. RUI can feel more open-ended and, for many clients, that uncertainty is the hardest part.
How can a Defence Solicitor help?
Engaging a solicitor is not an admission of guilt — it is good sense. Whilst we cannot influence the outcome of an investigation, we can help in meaningful ways.
The process is imperfect. But knowing what to expect, and having the right support in place, makes it considerably more manageable.
Agriculture & Estates
Farm business changes: Why separation rules matter
Jeanette Dennis, Partner in our Agriculture team, has recently contributed to an article in Farmer’s Weekly discussing structural changes to farming businesses.
You can read the full article here: Why changes to farm businesses need to heed separation rules.
Jeanette Dennis, a Partner at law firm Ashtons Legal, also advises caution and careful planning for structural changes involving existing businesses or the creation of any “new” business.
Professional firms must check the background of any business before acting, including asking who is the ultimate beneficial owner (the UBO).
Getting the identity of the UBO is a requirement already imposed on law firms, so they have to dig into who will ultimately get the money out of a business (called the “beneficial interest”), as well as asking who is really in control and taking the business risk decisions.
There needs to be real business reasons for creating new entities, such as passing assets to the next generation, risk management for health and safety, compliance requirements, or even trading changes imposed by supermarkets or traders.
Please remember that Ashtons Legal is available to assist you and your business with their full range of business, individual and injury law services including commercial and residential property, corporate advice, dispute resolution, family law, estate planning, personal injury and medical negligence.
We Can Help You
For specific advice for your business, please get in touch with us by calling 0333 034 8471 or emailing enquiry@ashtonslegal.co.uk.
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Ashtons Legal LLP is a limited liability partnership registered in England & Wales with number OC445631 whose registered office is at The Long Barn, Fornham Business Court, Bury St Edmunds, Suffolk, IP31 1SL. We are authorised and regulated by the Solicitors Regulation Authority (licensed body number 8003918).
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