Business Dispute Resolution

Sub-contractor held liable for loss of rent due to faulty work

May 7th 2019

A sub-contractor has been held liable for all the compensation a contractor had to pay for damage caused by faulty work, including loss of rent. The High Court was told that the contractor, Ground Construction Ltd, had been employed by a landlord to build a property next to Regent’s Canal in London. The main contract was a JCT standard form incorporating the terms and conditions of DOM2. Ground Construction sub-contracted…

Government warns 10,000 businesses to pay SME invoices on time

May 3rd 2019

By Carly Davies Credit Control & Debt Recovery The government has written to 10,000 businesses to warn them they must pay their suppliers on time or risk being barred from winning public contracts. Officials from the Cabinet Office have written to the businesses – which include all the government’s current strategic suppliers – to remind them of the new rules on prompt payment, which come into force this autumn. Under…

Husband and wife lose £40,000 deposit in failed company purchase

April 24th 2019

By Mark Aspin Director & Head of Dispute Resolution A husband and wife who tried to buy a business have lost their £40,000 deposit after the High Court ruled they could not claim a refund when the deal fell through. The couple wanted to buy a waste collection company. They were introduced to the sole shareholder and a tentative agreement was made that they would buy the business for £210,000.…

Couple Win Compensation Dispute with ‘Individual’ Builders

February 4th 2019

Two builders have been ordered to pay compensation to a married couple despite claiming they were not responsible as individuals for problems with work they carried out. The couple had entered into a contract with builders advertising as HavenBuild, which was a trading name and not a limited company. The contract was for work on a property that was to be the couple’s home. The contract contained a clause stating…

Investors compensated as if failed project had not happened

December 7th 2018

Mark Aspin Director and Head of Dispute Resolution The High Court has ruled that investors who had been persuaded to place money in a joint venture as a result of deceit should be compensated as if the failed project had not happened. The investment had been undertaken by Kea Investments Ltd, which placed £129m in a joint venture vehicle. The court ruled that as Kea had been induced to make the…

Director held personally responsible for company’s unpaid invoice

November 19th 2018

By Peter Stafford , Cartmell Shepherd’s Managing Director A director has been held personally liable to pay the full market value of products that had been supplied to her company shortly before it went into liquidation. The claim against the director arose from her company’s failure to pay for a cargo of sunflower oil sold to it by a supplier in October 2012. The supplier argued that it had entered into…

Simplified rules on buying or extending your leasehold home

October 5th 2018

By Laura Bright Solicitor If you own a leasehold property and want to extend the length of the lease, or buy the property, the procedure (known as ‘enfranchisement’) is currently a complicated, costly and time consuming one.  Radical reforms to provide a better deal for leaseholders who want to purchase the freehold or to extend the lease of their home have been put forward by the Law Commission. The proposals…

Oral agreement ineffective in dispute over serviced offices

July 17th 2018

The Supreme Court has ruled that an oral agreement to vary the terms of a licence for serviced offices was ineffective because the contract specified that all changes had to be in writing to be valid. The long running dispute involved Rock Advertising Ltd, who rented premises from MWB Business Exchange Centres Ltd. The contract between them contained a No Oral Modification (NOM) clause saying: “All variations to this Licence…

News Archives, Cartmell Shepherd Solicitors
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