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Business Disputes

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

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
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