Business Law

The government has reinforced its commitment to protecting tenants in the private rental sector by awarding councils a total of £4 million to crack down on criminal landlords and letting agents. The new funding will be shared by more than 100 councils across England, enabling them to take enforcement action against offenders and advise tenants of their housing rights. If the measures prove successful, it’s likely that similar grants will…

A Royal Mail employee has won her case of unfair dismissal in a case that went all the way to the Supreme Court. Ms Kamaljeet Jhuti joined the Marketreach unit of Royal Mail in October 2013 on a trial basis as a media specialist. She quickly raised concerns about potential regulatory breaches in the processes. She made the comments under the company’s whistle blower policy, in which her comments were…

Businesses across different sectors are urging the new government to end late payment practices that are crippling many small companies. They say the existing Prompt Payment Code isn’t working and fear a surge in company insolvencies if no action is taken. David Frise, CEO of the Building Engineering Services Association (BESA), said repeated failures by previous governments to deal with late payment culture meant company failures were almost inevitable. He…

CARLISLE Airport was the setting as Cartmell Shepherd Solicitors’ expanded 12-strong business team met to plan how they can best support companies to expand their horizons in 2020. Cartmell Shepherd Solicitors’ business team now includes three corporate lawyers, six commercial property lawyers, and three in its commercial employment team, delivering advice to businesses of all sizes across Cumbria, Northumberland and beyond. With commercial lawyers with a wealth of experience available…

The restaurant chain Bella Italia has lost a dispute about terminating a commercial lease. The property in question was a new development of retail premises on a site owned by two groups of trustees. In November 2014, Bella signed the agreement for lease, with the trustees as the named freeholder and landlord. The other parties to the agreement were the developer and a company which guaranteed Bella’s obligations under the…

An occupational therapist who lost her job after years of suffering from chronic fatigue syndrome has won her claim of discrimination and unfair dismissal. Ms D Ward had worked for Northumberland Tyne & Wear NHS Foundation Trust since 2000. The trust operated a sickness and absence management policy under which employees faced disciplinary action if they had more than three absences from work in a 12-month period. In 2009, Ward…

A group of tenants have won their appeal to exercise the right of collective enfranchisement and acquire the freehold of their flats. The properties were owned by Grosvenor (Mayfair) Estate and held on a long lease by K Group Holdings Inc (2019). The issue arose after Aldford House Freehold Ltd, the nominee purchaser for 17 lessees, served an initial notice claiming to exercise the right of collective enfranchisement on the…

The Employment Tribunal has ruled that the airline Ryanair discriminated against a flight attendant when she returned to work after being diagnosed with a brain tumour. Margita Dworak had worked for Ryanair from 2004-2018 and was a senior flight attendant at the time she resigned. In 2015, she began to experience severe headaches. These lasted for years and in 2017 she visited a specialist in Poland. She was later hospitalised…

A vehicle leasing company has won its claim to recover more than £560,000 in unpaid invoices following a dispute with a customer. The case involved Venson Automotive Solutions Ltd v Morrisons Facilities Services Ltd. The two companies had entered into a contract in which Venson leased a fleet of 1,014 vehicles to Morrisons. The hire agreement contained a clause stipulating that if Morrisons disputed any of the invoices, it needed…

A minority shareholder has been granted an interim injunction preventing a company from issuing new shares and loan notes. The applicant in the case had a minority shareholding in Brickvest Ltd (2019). There was a shareholders’ agreement specifying that certain matters required the applicant’s written consent, including the allotment of shares. The applicant sought an injunction preventing Brickvest from issuing new shares and loan notes, which it was planning on…