Business Dispute Resolution

The government has reinforced its commitment to protecting tenants in the private rental sector by awarding councils a total of £4 million to crack down on criminal landlords and letting agents. The new funding will be shared by more than 100 councils across England, enabling them to take enforcement action against offenders and advise tenants of their housing rights. If the measures prove successful, it’s likely that similar grants will…

The restaurant chain Bella Italia has lost a dispute about terminating a commercial lease. The property in question was a new development of retail premises on a site owned by two groups of trustees. In November 2014, Bella signed the agreement for lease, with the trustees as the named freeholder and landlord. The other parties to the agreement were the developer and a company which guaranteed Bella’s obligations under the…

A minority shareholder has been granted an interim injunction preventing a company from issuing new shares and loan notes. The applicant in the case had a minority shareholding in Brickvest Ltd (2019). There was a shareholders’ agreement specifying that certain matters required the applicant’s written consent, including the allotment of shares. The applicant sought an injunction preventing Brickvest from issuing new shares and loan notes, which it was planning on…

The High Court has declared that an 86-year-old woman’s will was valid even though she suffered from dementia at the time she made it. The case involved a family dispute between two brothers and two sisters. Their mother had died in 2015, aged 86. She had made a will in 2010 leaving her house to one of the brothers. However, she then made a second will in 2011 declaring that…

LEADING legal firm Cartmell Shepherd has recruited an ambitious solicitor to further strengthen its team. Natalie Tatton joins the UK200 Group business as a solicitor in its dispute resolution department. Natalie, a former law graduate of the University of Cumbria, had previously trained with Brockbanks in West Cumbria at the same time as completing her Legal Practice Course at Northumbria University. Natalie qualified as a solicitor in May 2018. Based…

By Natalie Tatton Solicitor A landlord has won a dispute with a tenant over service charges for insurance dating back nearly 15 years. The case involved a tenant who held the lease of a flat in a building comprising of three flats and a commercial unit. Under the lease, the tenant covenanted to contribute one-sixth of the building’s specified costs and expenses, including insurance, through the service charge. Between 2005…

A couple have been granted permission to take accountancy firm PricewaterhouseCoopers to court in a professional negligence claim. Sir Christopher and Lady Anne Evans hired PwC in 2001 to advise them on ways to avoid capital gains tax on the disposal of shares. They were encouraged to use a “round the world” scheme, which involved the trust becoming resident for part of the tax year in a jurisdiction that did…

By Mark Aspin Director & Head of Dispute Resolution The Court of Appeal has ruled that a landlord was within his rights to end a tenancy agreement without giving his tenant the six-month notice period required under the Housing Act 1988. The tenant, Sarah Bamber, had agreed a seven-year tenancy on the property, which included a 12-month starter period. During this starter period, the agreement stated that the tenancy could…

A company has been compensated for a breach of warranty after it bought an insurance firm. David Tew Associate Solicitor reports on this recent case. The case involved a firm that sold policies related to motor or household insurance. When it was sold in 2014, the seller provided warranties that the company accounts were accurate and a fair representation of the company’s financial situation. The agreement stated that the seller…

By Stephanie Johnson Associate A dispute between a property owner and builder has been settled by the High Court, with the owner ordered to pay for work completed, even though he was not happy with it and the job was cancelled. The parties had entered into a JCT minor works building contract for work to be done on the owner’s property. However, after some initial work had been completed, the…