Business Dispute Resolution

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…

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…

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…

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…

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…

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…

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? We deal with a wide spectrum of business disputes, including:- Director disputes- Breach of director duties- Shareholder duties- Breach of shareholder agreements- Unfair prejudice petitions- Minority shareholder protection- Conflicts of interest- Insolvency disputes- LLP and partnership disputes

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

Business Dispute: I’ve fallen out with my co-business owner, what are my options? There are many possible options that might be available if formal court action is necessary. These range from applying to the court for declarations up to winding-up the business. However, winding-up any business is a significant step. We actively encourage ways of Alternative Dispute Resolution between business owners to either find a joint way forward or, potentially,…