Commercial Litigation

Landlords beware (again!) - new deposit rules now in force

Posted on: 10/05/2012 - Commercial Litigation   |   Residential Conveyancing

The government has now acted to give this law its teeth back. From 6th April 2012, by the Localism Act 2011 the law has been considerably tightened up.

Landlords must comply with new tenancy deposit rules

Posted on: 04/05/2012 - Commercial Litigation   |   Residential Conveyancing

Landlords need to ensure they comply with tougher new tenancy deposit rules which came into effect on 6th April.

If they fail to do so, they could face fines and find it harder to evict tenants.

Most middle managers are 'unaware of Bribery Act'

Posted on: 04/05/2012 - Commercial Litigation

Three out of four middle managers in UK businesses are unaware of the Bribery Act, according to research by the fraud investigation specialists Ernst & Young.

Agency fined for getting information about tenant illegally

Posted on: 04/05/2012 - Commercial Litigation

A letting agency has been fined for illegally obtaining information about tenants while chasing up rent arrears.

Developer must repay deposits after contract breach

Posted on: 03/04/2012 - Commercial Litigation

A developer of a block of flats has been ordered to return deposits to purchasers because the building was not completed on time.

TUPE transfer 'amounted to unfair dismissal of bus drivers'

Posted on: 03/04/2012 - Commercial Litigation   |   Employment

Five bus drivers have won a claim of unfair dismissal after a change of employer meant they would have to spend up to two hours a day extra getting to their new depot.

Factsheet: Your Rights when it comes to Door to Door Sales

Posted on: 22/03/2012 - Commercial Litigation

Delay proves costly for company seeking damages

Posted on: 29/02/2012 - Commercial Litigation   |   Corporate Commercial

Timing can be crucial when taking legal action, as one company recently found to its cost.

More landlords taking action against tenants in arrears

Posted on: 02/02/2012 - Commercial Litigation   |   Commercial Property

Court orders to evict tenants rose by 11% in 2011 as landlords took a firmer stance against late payers.

Sales manager breached his duty when setting up rival company

Posted on: 02/02/2012 - Commercial Litigation

A sales manager has been found liable for breaches of contract and duty to his employer after setting up a rival business.

PM wants to 'kill off health and safety culture'

Posted on: 02/02/2012 - Commercial Litigation   |   Corporate Commercial

Prime Minister David Cameron has promised to “kill off the health and safety culture” which he says has become “an albatross around the neck of British businesses”.

Failure to pay interest invalidated break clause notice

Posted on: 02/02/2012 - Commercial Litigation   |   Commercial Property

A court has ruled that a commercial tenant’s break clause notice was invalid because it had not paid the interest that had accrued as a result of late payments.

Directors disqualified after failing to keep company records

Posted on: 01/12/2011 - Commercial Litigation

Two directors of a car dealership have been disqualified for eight years after failing to keep adequate records for their company, which was experiencing trading difficulties.

Hotel retains right of way over neighbour's service road

Posted on: 01/12/2011 - Commercial Litigation

The original owner of the hotel had been granted a licence in 1973 to use the road to provide access for coaches and commercial vehicles. That licence was personal to the original owner and ceased to have effect when new owners acquired the hotel in 1980.

Bankruptcy and debt relief orders don't 'rule out possession orders'

Posted on: 01/12/2011 - Commercial Litigation

The fact that a tenant has become bankrupt or obtained a debt relief order does not mean that they cannot have a possession order made against them on the grounds of rent arrears.

Business Women and Their Brands

Posted on: 08/11/2011 - Commercial Litigation

Generally, women in the work place are image conscious and like to ensure that they are perceived in a professional manner. Their individual brand is important and brand and reputation is something which has value both as an individual and in terms of your business and product brand.

The Bribery Act 2010

Posted on: 08/11/2011 - Commercial Litigation   |   Corporate Commercial

All businesses and individuals now need to be aware of new bribery legislation which came into force on 1st July 2011.

Changes to unfair dismissal rules 'could save businesses £6m'

Posted on: 02/11/2011 - Commercial Litigation

The Government has confirmed that it is making changes to the unfair dismissal rules in an attempt to encourage employers to take on more staff.

Stonemasons prosecuted after appearing on television

Posted on: 02/11/2011 - Commercial Litigation

A stonemasonry business which was featured on television has been prosecuted after a viewer raised concerns about staff being exposed to dangerous dust.

Surveyors must pay £18m after giving negligent advice

Posted on: 05/10/2011 - Commercial Litigation

A firm of surveyors must pay £18m in compensation after giving negligent advice to clients involved in a major property deal.

Directors must pay after failing to keep company records

Posted on: 05/10/2011 - Commercial Litigation

The importance of keeping accurate written records of directors’ dealings and activities was highlighted in a recent case before the Court of Appeal.

Accountant must pay for enticing away former clients

Posted on: 31/08/2011 - Commercial Litigation   |   Corporate Commercial

When buying a business it’s important to ensure that the seller doesn’t try to entice away clients or customers once the sale goes through.

When shareholders fall out and refuse to meet...

Posted on: 31/08/2011 - Commercial Litigation

Relationships between shareholders in small companies are often tense, but what happens if they refuse allow meetings to take place that could determine the future of the business?

Supermarkets and dairy processors fined for co-ordinating prices

Posted on: 31/08/2011 - Commercial Litigation

Four supermarkets and five dairy processors have been fined a total of £49.51m for co-ordinating prices.

Correction to misleading guidance in Notes for Leaseholders

Posted on: 31/08/2011 - Commercial Litigation

The Government has clarified when forfeiture action can and cannot be taken for non-payment of rent and other charges.

EU to create streamlined European patent

Posted on: 09/08/2011 - Commercial Litigation   |   Corporate Commercial

There is to be a new Unitary Patent providing protection across 25 countries in the European Union.

Company director found guilty of wrongful trading

Posted on: 18/07/2011 - Commercial Litigation   |   Corporate Commercial

A director has been found guilty of wrongful trading after taking money for services his company could not provide.

Breaking point - when are vacant premises really vacant?

Posted on: 18/07/2011 - Commercial Litigation   |   Commercial Property

A commercial tenant failed to exercise a break clause correctly because it was still carrying out repairs to the leased premises after the day it should have given up vacant possession.

Failure to consult properly costs landlord £270,000

Posted on: 18/07/2011 - Commercial Litigation   |   Commercial Property

A corporate landlord has been left with a bill of £270,000 after failing to consult properly with tenants.

Company must repay £200,000 after breaching contract

Posted on: 02/06/2011 - Commercial Litigation   |   Corporate Commercial

A company must repay £200,000 after failing to carry out work to a high enough standard on a property it was selling.

Penalties imposed on construction firms 'were too harsh'

Posted on: 31/05/2011 - Commercial Litigation

The Competition Appeal Tribunal has ruled that penalties imposed on construction firms for using cover pricing were too harsh and should be reduced.

Break clause notice became valid once 'accepted' by email

Posted on: 31/05/2011 - Commercial Litigation   |   Commercial Property

A property management company effectively validated a break clause notice by accepting it as an email – even though the lease required more formal notification.

Business failures decreasing but personal insolvencies still high

Posted on: 31/05/2011 - Commercial Litigation   |   Debt Collection Services

The number of companies going out of business in England and Wales fell dramatically last year, according to figures from the Insolvency Service

Anti-competition clause 'too restrictive to be enforced'

Posted on: 31/05/2011 - Commercial Litigation   |   Commercial Property   |   Corporate Commercial

Great care is needed when drawing up restrictive covenants; if they are not tight enough they may not be effective, but if they are too restrictive the courts may not enforce them.

Officer tried to sell company using misleading income figures

Posted on: 31/05/2011 - Commercial Litigation   |   Corporate Commercial

Buying and selling businesses can be fraught with difficulties as highlighted in a recent case before the High Court.

LLP had no power to expel one of its partners

Posted on: 14/04/2011 - Commercial Litigation   |   Corporate Commercial

The High Court has ruled that a limited liability partnership had no right to expel one of its partners because there was no binding agreement giving it the necessary powers.

Recession sparks rise in landlord and tenant disputes

Posted on: 14/04/2011 - Commercial Litigation   |   Commercial Property

The recession has sparked a surge in the number of disputes between landlords and business tenants, according to new research.

Directors of doomed development project guilty of wrongful trading

Posted on: 14/04/2011 - Commercial Litigation   |   Corporate Commercial

The directors of a development company have been found guilty of wrongful trading after continuing with a project long after they should have known it was bound to fail.

Director banned from revealing information about his former company

Posted on: 14/04/2011 - Commercial Litigation   |   Corporate Commercial

A director has been banned from revealing confidential information that could damage his former company.

New credit directive gives more protection to consumers

Posted on: 14/04/2011 - Commercial Litigation   |   Residential Conveyancing

The new EU Consumer Credit Directive has now come into force giving more protection and power to consumers.

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