Upgrade to ChromeUpgrade to FirefoxUpgrade to Internet ExplorerUpgrade to Safari

Business Disputes

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

The Party Wall Act or the Technology & Construction Court – which decides compensation in a dispute?

When it comes to the Party Wall Act, not renowned for its clarity, disputes are pretty common occurrences. What is less common is for one of them to end up going all the way to the High Court to... Read full article

Bristol City Council bans use of property guardian schemes for its empty buildings

Developers are being urged to tread cautiously if considering using property guardians to look after their empty properties after Bristol City Council announced it will stop using them in the future.... Read full article

Rent concession letters – making sure you get the wording right

A bitterly contested dispute between the iconic fashion designer, Vivienne Westwood, and the landlord of her flagship Mayfair shop has highlighted the importance of taking great care when it comes to... Read full article

Landlords and property guardians – where do you stand?

It might seem like the perfect solution in an overcrowded housing market – you let people live in your empty property and in return, they provide protection from squatters and vandalism until... Read full article

Stick to the terms of your contract, says Technology and Construction Court

A warning message appears to have been sent out by the Technology and Construction Court about payment notices recently – if you are going to try to enforce your rights on a technicality, make sure... Read full article

What does a solicitor’s letter cost?

Most solicitors will be very familiar with this question – and the answer is not always an easy one to give! The majority of people can write a letter. The important part is making sure that the... Read full article

Payment notices – some clarity at last?

Being crystal clear, unambiguous and direct when it comes to Interim Payment and Pay Less notices could avoid expensive arguments in the Technology and Construction Court. That is the message coming... Read full article
« Previous Page Next Page »

Get in Touch

Request a call back

If you’d prefer us to call you back, just use the form below to give us your number and the best time to call. It would also be useful if you could give us some idea of what you’d like to discuss.