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Business Disputes

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

Financial watchdog increases compensation limit for consumers and businesses

A new higher compensation limit of £350,000 for consumers who have their complaints against financial services companies upheld by the UK’s financial watchdog will come in to effect next month... Read full article

Landlords: new ‘fit for human habitation’ legislation coming into force soon

A new act requiring all property rented out by a landlord to meet a ‘fit for human habitation’ checklist will become law in March this year. The Homes (Fitness for Human Habitation) Act 2018... Read full article

Court of Appeal deals ‘smash and grab’ adjudication hefty blow – but employers must still pay first, argue later

The Court of Appeal, as predicted, has confirmed that employers do indeed have the right to challenge the ‘true value’ of a contractor’s interim application in a subsequent adjudication. It... Read full article

Crucial reminder to landlords about changes to eviction rules

Landlords and letting agents are being urged to make sure they are clear on changes to the rules for evicting a tenant which come into force this week (1 October 2018). Section 21 eviction rules... Read full article

Freeholders – is forfeiting a lease a fair way to deal with a difficult tenant?

A freeholder has used the ‘ultimate sanction’ of forfeiture to deal with a problematic leasehold tenant who breached his lease by installing a new kitchen, bathroom and central heating system... Read full article

Good news for landlords: Right to Rent scheme to be reviewed

The High Court is to allow a judicial review of the Government’s controversial Right to Rent scheme, part of its attempt to create a ‘hostile environment’ for illegal immigrants, in a move that... Read full article

Good news for employers – the end of the road for ‘smash and grab’ adjudications?

In one of his last judgements before leaving the Technology and Construction Court for the Court of Appeal, Mr Justice Coulson has tackled this recurring issue head on, effectively overturning a line... Read full article

Ruff-ruff justice…why Vinnie the terrier got evicted

‘No pets allowed’ is a familiar restriction in many leases – and the High Court recently held that a management company was perfectly entitled to categorically refuse permission for the owners... Read full article

Battle of the beach huts – licensees or tenants?

The owners of five beach huts have failed in their legal bid to prove that their right to stay indefinitely on land at Portland, Dorset was guaranteed by a gentleman’s agreement they said went back... Read full article

The muddy waters of adverse possession: Can a boat owner claim he owns a bit of a river bed after mooring there for 13 years?

Adverse possession, more commonly known as squatters’ rights, has always been a rather complicated area of the law – and with two different rules for sorting out just who owns what, things... Read full article

Shine bright like a diamond? What commercial agents need to know about commodity exchanges

When a judge begins his judgement with the words “Diamonds are not forever”, you know the case he was dealing with was without doubt a fascinating one. It involved a claim by family run diamond... Read full article

TCC limits defendants reopening adjudication at enforcement

In the case of Caledonian Modular Ltd v Mar City Developments Ltd (Caledonian), Coulson J allowed the unsuccessful party at an adjudication to challenge the substance of the adjudication decision... Read full article
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