Business Dispute Resolution

An architect and his firm face a negligence claim after a cinema was damaged by fire after he left a door open during an inspection. David Tew, Associate Solicitor reports on this recent case. The cinema belonged to Rushbond Plc. The architect worked for JS Design Partnership LLP. Together with an engineer and a quantity surveyor, he had carried out an inspection on behalf of a potential purchaser. He gained access…

The High Court has rejected a claim that a firm of accountants failed in their duty of care and should be held liable for a client’s failed investment. David Tew, Associate Solicitor reports on this recent case. The client, Mr Knights, sought damages from Townsend Harrison Ltd for losses he suffered after the firm introduced him to three tax schemes and an investment opportunity. Townsend was not authorised by the Financial…

A company that provides Covid testing equipment has been granted an injunction to prevent a former employee from working for a rival business for a period specified in a restrictive covenant. Mark Aspin Head of Dispute Resolution reports on this recent case. The case involved Source Bioscience UK Ltd, part of a group of companies that provide laboratory services to clients in the pharmaceutical industry, the NHS and private healthcare providers. The…

When Selina Gonzalez became pregnant at the age of 17, her aspirations of becoming a solicitor were put on ice. But a determined Selina, now 38, didn’t give up on her dreams and has juggled seven years of studying law with raising three children to realise her ambition of being admitted to the Roll of Solicitors of England and Wales. Landing her dream job working as a Dispute Resolution solicitor…

A landlord has lost its appeal against a decision that it could not impose service charges for certain works because it had failed to consult tenants properly. Natalie Tatton Solicitor reports on this recent case. The landlord owned several flats let on long leases. It carried out various works to the flats and, in 2017, sought to recover the cost from the lessees through the service charge. It applied to…

A firm of interior designers have won a contract dispute over unpaid invoices for their work refurbishing a hotel requiring a “luxurious 5-star feel”. Selina Gonzalez Trainee Solicitor reports in this recent case. The case involved Phoenix Interior Design Ltd v Henley Homes plc. Henley engaged Phoenix to provide interior design services, furniture and fittings for a new apartment hotel in Scotland. The brief stated that the hotel was intended…

A father has been granted access to information concerning the family businesses of which he was a director. Mark Aspin Director & Head of Dispute Resolution reports on this recent case. The issue arose because he was in dispute with his son and daughter-in-law, who were also directors. The family business comprised of companies that operated residential care homes. The father and mother established and ran it on their own…

A landlord has won a dispute over service charges in a commercial building because the onus was on the tenant to prove they were unfair, and it had failed to do so. Natalie Tatton Solicitor reports on this recent case. The case involved Criterion Buildings Ltd and Mckinsey & Co. Criterion was the landlord of a building comprised of offices, a sportswear store, a theatre and a restaurant. McKinsey leased…

The government is extending protection against evictions and winding-up petitions for businesses that are still struggling because of Covid-19. Natalie Tatton, Solicitor provides an update. Legislation will be introduced to ringfence outstanding unpaid rent that has built up when a business has had to remain closed during the pandemic. Landlords are expected to make allowances for the ringfenced rent arrears from these specific periods of closure due to the pandemic…

A landlord has won the legal right to challenge a company voluntary arrangement (CVA) proposed by the Nero coffee shop group. Stephanie Johnson Senior Associate Solicitor reports on this recent case. Nero, which has over 800 shops in the UK, was severely affected by the Covid-19 pandemic and had fallen into rent arrears at its shops. Mr Young was the landlord of one of the shops, the rent from which was…