The Court of Appeal has ruled that an ‘irrational’ clause in a lease that led to exponential growth in rent increases was an error and should be corrected. The case involved Monsolar IQ Ltd and Woden Park Ltd. Monsolar agreed a 25.5-year lease to create a solar farm on land owned by Woden. The lease
In the ordinary course of events, employers have little to no involvement in their employee’s personal lives and actions outside of work. But what happens when the employee does or says something outside of the workplace which the employer feels may have a material impact on their business? Employers will become interested in employees’ extra-curricular
As we start to emerge from the Covid-19 pandemic, we address at some of the issues which have arisen for our commercial property, corporate and employment clients in the manufacturing sector and what this may mean for the industry as a whole going forward. To download the document, please click here https://www.machins.co.uk/wp-content/uploads/2021/07/Legal-Implications-in-the-Manufacturing-Sector.pdf
The High Court has upheld a marketing company’s restrictive covenant preventing its sales advisors from competing with it for a six-month period. The case involved Credico Marketing Ltd v Lambert. Credico provided direct marketing services which were conducted by independent sale advisors (ISAs) by methods such as door-to-door sales. It did not contract directly with
A broker who traded while insolvent and took money from her company for herself while failing to pay creditors £140,000 has been disqualified for seven years. Kathleen Shepherd, aged 58, from Southampton, was the sole director of Shepherd Site Services Limited, a company which acted as a broker to provide waste management services to the
The government is extending protection against evictions and winding-up petitions for businesses that are still struggling because of Covid-19. Legislation will be introduced to ringfence outstanding unpaid rent that has built up when a business has had to remain closed during the pandemic. Landlords are expected to make allowances for the ringfenced rent arrears from
A finance consultancy was entitled to €855,000 commission for its part in acquiring investment money for a large property development. That was the decision of the Court of Appeal in a case involving EMFC Loan Syndications and The Resort Group. The Group had engaged EMFC to assist it to raise financing of up to €130
The Employment Tribunal has ruled that Sainsbury’s acted unfairly when it dismissed one of its workers after she had called her boss a “young idiot” on Facebook. The tribunal heard that 68-year-old Ms A Spence had worked for the supermarket chain for 24 years and had never before faced disciplinary action. In 2017, her daughter
Drax Power was entitled to withhold payment relating to one set of works to offset the cost of remedying defects in another set of works carried out by the same contractor. That was the decision of the High Court in a case involving Drax and Shepherd Construction Ltd. The issue arose after Drax engaged Shepherd
Two businessmen who breached their legal duties as company directors have been ordered to repay £600,000, even though the court accepted that one of them probably hadn’t realised that anything unlawful was happening. The case involved TMG Brokers Ltd, which had gone into liquidation. The liquidator applied for declarations under the Insolvency Act 1986 in