Business Dispute Resolution

Leaseholders not liable for cost of repairing structural defects

May 17th 2021
 

The Court of Appeal has ruled that a group of leaseholders were not responsible for the cost of repairs if those repairs also made good fundamental structural defects in their properties. Natalie Tatton Solicitor reports on this recent case. The leases related to flats situated in a large block constructed in 1957. They were for 125-year terms and were originally granted under the right to buy provisions in the Housing…

Landlord entitled to unpaid rent despite tenant’s Covid defence

May 4th 2021
 

A commercial landlord has won a dispute over unpaid rent of more than £166,000 despite the tenant citing Covid-19 as the reason for its failure to pay. Stephanie Johnson Senior Associate Solicitor reports on this recent case. The case involved Commerz Real Investmentgesellschaft MBH and TFS Stores Ltd. Commerz was the leasehold owner of the Westfield Shopping Centre. TFS was the tenant of one of the units in the centre…

rent arrears

Government extends support for commercial and residential tenants

March 29th 2021
 

The government has extended the ban on evicting commercial tenants until 30th June 2021. Natalie Tatton Solicitor in our Dispute Resolution team provides an update. The move is designed to help those worst affected by the pandemic, such as bars and restaurants, get back to business when doors fully reopen for hospitality no earlier than 17th May. Residential tenants will also be supported as the ban on bailiff-enforced evictions in…

Natalie Tatton

Publisher granted injunction against its former chief executive

March 3rd 2021
 

A publishing company has been granted a further injunction preventing its former chief executive officer from disclosing sensitive information obtained during his employment. Mark Aspin Director & Head of Dispute Resolution reports. The executive had worked for the publisher until he was dismissed for gross misconduct in 2018. He threatened to bring employment tribunal proceedings, but the case was settled in July 2018. The settlement agreement defined what confidential information…

Ban on tenant evictions by bailiffs extended until end of March

February 23rd 2021
 

The ban on tenant evictions by bailiffs, which was imposed because of the Covid19 pandemic, has been extended until 31 March. Natalie Tatton, Solicitor in our Dispute Resolution team provides an update. Exemptions remain in place for the most serious circumstances that cause the greatest strain on landlords as well as other residents and neighbours, such as illegal occupation, anti-social behaviour and arrears of 6 months’ rent or more. The…

tenants

Travel agency ‘wrong to use data from rival’s former employees’

February 18th 2021
 

The Court of Appeal has ruled that a travel agency was wrong to take client contact information disclosed by its competitor’s former employees and add it to its own computer database. Mark Aspin Director and Head of Dispute Resolution reports. The issue arose after the agency, Trailfinders, hired some employees from a rival agency, Travel Counsellors Ltd (TCL). Trailfinders expected new employees to bring their own customers and encouraged them…

Tenant not allowed to change defence over service charges

February 15th 2021
 

A commercial tenant has been refused permission to re-amend its defence to a service charge claim four weeks before trial. Stephanie Johnson Associate Solicitor reports. The court ruled that although the new defences had reasonable prospects of success, they could have been pleaded earlier and there was no good reason for the delay. The issue arose because the tenant refused to pay certain elements of the service charge relating to the…

rent arrears

Will Your Business Qualify for Covid-19 Business Interruption Insurance?

January 21st 2021
 

Mark Aspin Director and Head of Dispute Resolution provides an update. Since last May, we’ve been following the proceedings launched by the Financial Conduct Authority (FCA) to add some clarity to the availability of “Business Interruption” (BI) insurance as a result of business closures as a result of the pandemic.  Last September the High Court came to its conclusions, and as the national press has now reported the Supreme Court…

Business Dispute: What types of company disputes do you deal with?

January 1st 2021
 

We deal with a wide spectrum of business disputes, including: Director disputesBreach of director dutiesShareholder dutiesBreach of shareholder agreementsUnfair prejudice petitionsMinority shareholder protectionConflicts of interestInsolvency disputesLLP and partnership disputes For more FAQs see here

Business Dispute: What should I do if I am a director or shareholder in dispute?

January 1st 2021
 

It is important that you take expert advice at the earliest opportunity. Taking no action could be construed as agreeing to the action taken by the other parties involved, or there may be specific time limits to take action. It is important to seek advice at the earliest opportunity. For more FAQs see here

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