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Business Disputes

Break clauses and vacant possession – important Court of Appeal judgement

The tenant may have stripped out the property taking everything from ceiling tiles to smoke alarms but, says the Court of Appeal, it had validly exercised a break clause terminating the lease and the... Read full article

Understanding force majeure: Video

Richard Darbinian, Solicitor Associate in Wards’ Disputes team, looks at the meaning of force majeure provisions in contracts and examples in recent case law in this short, explanatory... Read full article

Reforming Companies House – what will it mean?

Proposed changes to the way businesses are registered at Companies House aim to tackle, at long last, numerous loopholes that make the current system vulnerable to abuse. The government’s long... Read full article

Owed money by an insolvent company? Here’s what to do next.

As the number of companies entering into an insolvency process soars, the chances of your business being caught in the crossfire is now higher than ever before. The latest figures from the Insolvency... Read full article

Winding-Up Petitions & Statutory Demands effective from 1 October 2021

Is your bad debtor list shielded by these updated restrictions? The Government has recently announced that restrictions on Statutory Demands and Winding-up Petitions under the Corporate Insolvency... Read full article

Commercial eviction ban extended to March 2022

The ban on commercial evictions due to end this month has been extended again until 25 March 2022, to the dismay of many commercial landlords. Whilst an extension of the current moratorium has been... Read full article

SIPP Mis-selling – Holding the SIPP provider accountable for failed investments

A landmark decision by the Court of Appeal could be a lifeline for the many investors who have lost money as a result of bad advice from unregulated firms. Lorry driver Russell Adams was left out of... Read full article

Why your business interruption insurance could now pay out – good news from the High Court

Some businesses, previously told their insurance did not cover them for a pandemic, should have been paid for losses caused by lockdown, the High Court has ruled. It is welcome news for thousands of... Read full article

Turned down for a business interruption insurance pay-out? Your claim could still be successful

Businesses forced to close under lockdown rules, only to be told their business interruption insurance doesn’t cover them for a pandemic, should keep a close eye on an important test case. Next... Read full article

Breaches of Repair Covenants in Commercial Leases and Forfeiture

Update: Coronavirus Act 2020 Please be aware that the Coronavirus Act 2020 might affect a landlord’s right to proceed with forfeiture during the pandemic. At time of writing there is a moratorium... Read full article

Good news for residential landlords – possession hearings to re-start in August

To the relief of many landlords, the government has announced it will not extend the ongoing evictions ban after 23 August with court possession hearings to re-start the day after. This means that... Read full article

New Covid-19 protection for business under the Corporate Insolvency and Governance Act

New rules to protect struggling companies during the coronavirus crisis have officially become law under the new Corporate Insolvency and Governance Act, which received royal assent on June 25. The... Read full article

Shareholder and Partnership Agreements – what are they and when are they a good idea?

Shareholder and Partnership Agreements – what are they and when are they a good idea? (SPOILER: they’re always a good idea!) Shareholders Agreements A limited company is a separate legal entity... Read full article

Are you selling or restructuring your business?

It has become clear that the worldwide economy is closely interlinked with our own and, therefore, events taking place around the globe can cause ripples which cause our own economy significant... Read full article

Has your business suffered financial loss as a result of Covid-19?

As the impact of Covid-19 continues to spread, we are seeing some businesses incur significant financial losses. Furthermore, as the spread of the virus continues we observe that insurers do not... Read full article

FOS award limits increased to £355,000 from 1 April 2020

The Financial Conduct Authority has confirmed an annual increase to the award limits of the Financial Ombudsman Service. The Financial Ombudsman Service (“FOS”) is a free service which... Read full article

Contracts and Coronavirus – force majeure and frustration

As the impact of Covid-19 continues to spread, we are seeing some clients express concern that they may not be able to perform their obligations under contracts with customers. Here, we look at how... Read full article

Construction industry – take care when starting work with a ‘letter of intent’

The far reaching implications of a ‘letter of intent’, and the potential liability which may arise as a result, have been highlighted after the Court of Appeal decided that a 15-year-old letter... Read full article

Contractors: keep an accurate written brief or risk being found professionally negligent

In a case which emphasises the vital importance of contractors keeping accurate and up-to-date written project briefs, an architect who kept inefficient records has been ordered to pay a homeowner... Read full article

Second ‘true value’ adjudication cannot be used to set off sum owed in the first ‘smash and grab’ adjudication

The case of M Davenport Builders v Greer (2019) has confirmed that a party to a construction contract cannot use a second, ‘true value,’ adjudication decision to avoid paying an earlier ‘smash... Read full article
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