Directors breached their duties when setting up their pensions
August 11th 2021The High Court has ruled that two directors breached their legal duties when they used company property to fund their pensions. Sam Lyon Head of Corporate & Commercial reports on this recent case. The case involved a company that had been incorporated in 1998 to take over a volunteer-run project that renovated and resold donated furniture. In 2001 the company bought a property as its premises. Some of its profits…
Landlord wins dispute over service charges in commercial building
August 9th 2021A 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…
Finance consultants entitled to their €855,000 commission
August 3rd 2021A finance consultancy was entitled to €855,000 commission for its part in acquiring investment money for a large property development. Sam Lyon Head of Corporate & Commercial reports on this recent case. That was the decision of the Court of Appeal in a case involving EMFC Loan Syndications and The Resort Group. The Group had engaged EMFC to assist it to raise financing of up to €130 million. The contract stated…
What should you do if you or your staff are ‘pinged’ by the NHS COVID-19 App? Guidance for employers
July 22nd 2021It is being reported that there are an increasing number of people being ‘pinged’ by the NHS COVID-19 App. The terminology ‘pinged’ is referring to when a person is sent an alert by the App. The App sends anonymous alerts if the user has been in close contact with another app user who has tested positive and will notify them that they should self-isolate, thereby helping to break chains of…
What now for employers with Covid restrictions being eased?
July 15th 2021Legal restrictions in place in respect of Covid-19 will start to end on Monday 19th July in England, Wales and Scotland. Each country is taking a slightly different approach to timings and some of the detail around what is required, but in all countries, there is the start of an easing. This is a significant move away from the restrictions and obligations that we have been living with for over…
Directors who breached their duties ordered to repay £600k
July 12th 2021Two businessmen who breached their legal duties as company directors have been ordered to repay £600,000, even though the court accepted that one of them probably hadn’t realised that anything unlawful was happening. Sam Lyon Head of Corporate & Commercial reports on this recent case. The case involved TMG Brokers Ltd, which had gone into liquidation. The liquidator applied for declarations under the Insolvency Act 1986 in relation to certain payments…
Protection against evictions and winding-up petitions extended
July 8th 2021The 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…
Law firm sees demand for its business legal services increase by a third
July 7th 2021DEMAND for business legal services from a leading law firm has increased by one third during the past year. Cartmell Shepherd Solicitors has reported the year-on-year rise in new work for businesses across Cumbria and Northumberland, and throughout the UK. Sam Lyon, Head of Corporate and Commercial for Cartmell Shepherd, said the figure reflected consistent growth across the multi-disciplined Business Services team, which includes corporate, commercial property, employment and disputes.…
Nurse dismissed by North Cumbria Integrated Care NHS for refusing to work weekends wins appeal in landmark ruling
July 6th 2021A nurse who was dismissed for refusing to work weekends has won a landmark ruling that could affect thousands of women with children. Joanne Stronach Head of Employment & HR reports on this recent case. The community nurse had worked fixed days because she had three children, including two with disabilities. However, she was dismissed after the trust introduced weekend working. She said she was unable to work Saturdays and Sundays…
Landlord wins right to challenge Nero coffee chain CVA
July 5th 2021A 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…
