The director of an insolvent company has been ordered to return money he paid to himself at a time when he knew the business was struggling and likely to fail. The case involved the director of a company specialising in waste management projects. The business got into financial difficulties and started to build up debts
An installation company has won compensation from a firm of surveyors who were negligent when assessing the suitability of properties for cavity wall insulation. The installers won their case even though they had been negligent themselves. Employees of the surveying firm had inspected two timber-framed houses to determine whether they were suitable to have cavity
A landlord has received £4.75m compensation after faulty workmanship and equipment led to “catastrophic” flooding at a block of flats. The damage occurred after a pressurised water system was installed throughout the building. The system enabled water to be pumped to the higher floors in the block, but could also produce an effect known as
A firm providing storage and distribution services has failed to prove that a commercial client was in breach of contract by not granting it exclusive rights as discussed during negotiations. The firm had nothing in writing to prove its claim and had to rely on oral agreements which were far from conclusive. The court heard
A cafe bar has won damages from a rival firm that set up using a similar name. Bocacina Ltd had operated a successful bar, restaurant and gallery inBristolsince 2005. It was sometimes referred to locally as the Bocabar or just Boca, and some of its meals and services were provided under the mark of ‘boca’.
Under the Companies Act 2006, a company shareholder can petition the Court where the conduct of the company’s affairs have been unfairly prejudicial to that shareholder. It is not necessary to show that the persons controlling the company’s affairs have acted deliberately or in bad faith towards that shareholder, although it helps. It should be
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An electricity supplier which undercharged a company over several years has been told it cannot now recover the £50,000 outstanding on the account. A court has also ordered that it must pay the company compensation for wrongfully disconnecting its power supply. The case involved EON energy and a company that operated an antiques market. The
When setting up a new company, it’s important for directors to ensure that all the legal requirements are fully met and that everyone involved understands their rights and responsibilities. Failure to do so can soon lead to confusion and legal action, as illustrated in a recent case before the High Court. It involved two men
A homeowner has been awarded compensation for damage caused to his property by the roots of a hedge belonging to his neighbour. The issue first arose in 2006 when the homeowner noticed cracks in his property. Structural engineers investigated and reported that the damage was most likely caused by the roots from a cypress tree