Business Law

Director ordered to pay £20,000 after breaching his duties

May 13th 2019
 

By Mark Aspin Director A director has been ordered to pay £20,000 for breaching his legal duties shortly before his company went into liquidation. The director had run a freight-forwarding company from 2011 until its voluntary liquidation in 2015. He had been the sole shareholder. His father had previously been a co-director of the company and continued to work for it. The company operated from the father’s home. The director…

Sub-contractor held liable for loss of rent due to faulty work

May 7th 2019
 

A sub-contractor has been held liable for all the compensation a contractor had to pay for damage caused by faulty work, including loss of rent. The High Court was told that the contractor, Ground Construction Ltd, had been employed by a landlord to build a property next to Regent’s Canal in London. The main contract was a JCT standard form incorporating the terms and conditions of DOM2. Ground Construction sub-contracted…

Government warns 10,000 businesses to pay SME invoices on time

May 3rd 2019
 

By Carly Davies Credit Control & Debt Recovery The government has written to 10,000 businesses to warn them they must pay their suppliers on time or risk being barred from winning public contracts. Officials from the Cabinet Office have written to the businesses – which include all the government’s current strategic suppliers – to remind them of the new rules on prompt payment, which come into force this autumn. Under…

Husband and wife lose £40,000 deposit in failed company purchase

April 24th 2019
 

By Mark Aspin Director & Head of Dispute Resolution A husband and wife who tried to buy a business have lost their £40,000 deposit after the High Court ruled they could not claim a refund when the deal fell through. The couple wanted to buy a waste collection company. They were introduced to the sole shareholder and a tentative agreement was made that they would buy the business for £210,000.…

Asda loses appeal over equal pay for women workers

April 4th 2019
 

Joanne Stronach Head of Employment & HR explains. The Court of Appeal has upheld a tribunal ruling that female workers in Asda stores were employed under terms and conditions that were comparable to men working in the company’s distribution depots. It’s an important decision as it could allow thousands of women working for major retailers and numerous other businesses to bring equal pay claims. Asda has 630 retail stores and…

Businesses learn from world champions M-Sport

March 22nd 2019
 

BUSINESS leaders from companies large and small were revved up when they attended a special event at the headquarters of World Rally Champions M-Sport. Experts shared best practice across a number of fields before delegates were given a tour of the company’s impressive headquarters. The event was the latest in a collaborative series organised by leading Cumbrian legal firm Cartmell Shepherd.  They partnered with insurance broker Jelf, as both companies…

Joanne Stronach considers recent case; 88-year-old becomes oldest person to win age discrimination claim

March 15th 2019
 

Joanne Stronach Head of Employment & HR considers the case of E Jolly, Royal Berkshire NHS Foundation Trust.  An 88-year-old woman who was dismissed from her job with the NHS has become the oldest person in the UK to win an age discrimination claim. Eileen Jolly told the Employment Tribunal that she felt “humiliated and degraded” by the way she was treated by the Royal Berkshire NHS Foundation Trust. Mrs…

New law caps tenancy deposits and regulates letting fees

March 11th 2019
 

By Laura Bright Solicitor  The Tenant Fees Act that caps tenancy deposits and protects against unfair practices has now received the Royal Assent and passes into law. The government introduced the new regulations because it believes that unexpected letting fees and high deposits can make properties harder for people to afford and are often not clearly explained upfront – leaving many prospective tenants unaware of the true costs of renting…

Sheep worrying is against the law!

February 28th 2019
 

Lambing season is a joyous, if tiring, time for many sheep farmers. It is the product of a long hard year of work. However with the NFU Mutual reporting that the increasing numbers of livestock attacks is costing the agriculture sector an estimated £1.2 million, it is important that farmers know the rights that they have to receive compensation. With 60% of dog walkers admitting to letting their dog roam off…

Employee dismissed over Facebook comments awarded £5,376

February 25th 2019
 

Joanne Stronach Head of Employment & HR reports. An Employment Tribunal has decided that a company did not act unfairly when it dismissed an employee for gross misconduct after he made offensive comments about the managing director on Facebook. However, the employee’s behaviour had not been so bad that it warranted dismissal without any notice pay so he was entitled to compensation. This was the decision of the Employment Tribunal…

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