Landlord’s notice to quit ruled invalid over identity issue
February 3rd 2023A landlord’s notice to quit has been ruled invalid because, although it was delivered to the correct address, it incorrectly identified an individual as the tenant instead of his company. Mark Aspin Director and Head of Dispute Resolution reports on this recent case. The case involved Thomas and Turner. Mr Thomas had been granted a tenancy of an agricultural holding. He then assigned it to his company, OG Thomas Amaethyddiaeth CYF, without informing…
Contract terms didn’t prevent damages claim over mouldy meat
January 20th 2023A food storage company could not use a trade body’s general terms as a way of avoiding a compensation claim from a customer as they had not been incorporated into their contract. Selina Gonzalez Solicitor in our dispute resolution team reports on this recent case. The case involved Scotbeef Ltd and D&S Storage Ltd (In Liquidation). In 2017, Scotbeef arranged for some of its meat to be stored by D&S. There was no…
Landlord can’t recover cost of serving ground rent notice
January 17th 2023The Court of Appeal has ruled that a landlord’s costs of preparing and serving a notice requiring payment of ground rent could not be recovered from the tenant as part of an administration charge. Natalie Tatton Solicitor in our dispute team provides an update. The case involved Avon Ground Rents Ltd and Philipp Stampfer Avon held the freehold to two blocks of flats. The tenant, Mr Stampfer, held a long lease of…
Review to help small businesses tackle late payment problems
January 9th 2023The government has announced a comprehensive review into tackling late payments for small businesses. It has also urged large companies to pay their suppliers promptly. Carly Davies, our Debt Control Manager provides an update. Ministers say they’re concerned that small businesses routinely spend significant time and resources chasing late payments from businesses they supply. This can lead to cash flow problems, putting their firms at risk and preventing them from growing. Most…
Redundancy criteria that led to dismissal of nurse was unfair
December 20th 2022A nurse has won her claim of unfair dismissal after she was made redundant simply because her contract renewal was coming round earlier than her colleague’s. Joanne Stronach Director and Head of Employment & HR reports on this recent case. Karen Regan worked as a Band 6 nurse for Bradford Teaching Hospitals NHS Foundation Trust. Her employment had consisted of a series of fixed-term contracts since 2016, There was another Band…
Director liable for company debt after breaching Insolvency Act
December 13th 2022The director of an insolvent company has been told he is personally liable for debt that was incurred when he acted in breach of the Insolvency Act. Laura Murphy, Paralegal in our Dispute Resolution team reports on this recent case. The case involved Mr Langdon, who was director of DYLG, which was in liquidation. DYLG had entered into a contract with PSV 1982 Ltd in September 2017. It breached the…
Large increases to minimum wage rates to combat inflation
December 5th 2022The Low Pay Commission has announced large increases in minimum wage rates to combat falling living standards caused by rising inflation. Jennifer Cafferky Solicitor in our employment team, reports on this recent case. It means the National Living Wage (NLW) will rise to £10.42 from 1 April 2023, an increase of 92 pence or 9.7 per cent. The full changes are: Rate from April 2023Current rate (April 22 to March 23)IncreaseNational…
Telecoms firm must pay damages for delay in relocating phone mast
November 24th 2022A telecommunications infrastructure company has been ordered to pay damages to a property developer after it failed to relocate a mobile phone mast in the scheduled time. Stephanie Johnson Senior Associate Solicitor reports on this recent case. Barkby Real Estate Developments Ltd had a commercial site it planned to develop and sell on to the local authority. Part of the development included removing a mobile phone mast from the site. Barkby…
Director breached his duties by assuming too much control
November 17th 2022The director of a family farming business has been found in breach of his duties under the Companies Act 2006 after he had taken steps to appoint a board within his control. Mark Aspin Director and Head of Dispute Resolution reports on this recent case. The company had been incorporated in 1960. David Metson and his brother Samuel were both directors and owned shares themselves and for other family members. David was one…
New law designed to protect pregnant women against redundancy
November 15th 2022Pregnant women and new parents will receive greater protection from redundancy under new legislation currently going through parliament. Joanne Stronach Director and Head of Employment & HR reports on this recent case. Under current rules, before offering redundancy to an employee on maternity leave, shared parental leave or adoption leave, employers have an obligation to offer them a suitable alternative vacancy where one exists. The Pregnancy and Maternity Discrimination Bill, introduced…
