Costcutter wins contract dispute over convenience stores’ debts
October 24th 2024The Costcutter Supermarkets Group has won a contract dispute with two convenience store operators over whether a limitation clause meant they did not have to pay for goods received. Stephanie Johnson, Senior Associate Solicitor, reports on this recent case. The issue arose when Costcutter sought to enforce debts owed by the store operators. The stores argued that the limitation clause in their trading agreements capped their liability, effectively nullifying their…
New pledge to crack down on late payments to small businesses
October 16th 2024The government has pledged to support small businesses and the self-employed by tackling what it calls “the scourge of late payments”. Rob Winder Senior Associate Chartered Legal Executive in our Dispute Resolution team provides an update. Delays to payment of invoices cost small businesses £22,000 a year on average and lead to 50,000 closures a year. The government is now consulting on tough new laws designed to hold larger firms to account. In…
Is a limited company the right structure for your business?
October 16th 2024When considering how to structure your business in the UK, there are several options available. One option worth considering is setting up a limited company. While it may seem daunting, it offers significant benefits compared to other business structures. A limited company is a separate legal entity from its owners, which means your personal assets are normally protected if things go wrong. This concept, known as limited liability, is one…
Minority shareholder has partial success in unfair treatment claim
October 2nd 2024A minority shareholder has lost his claim that he was treated unfairly when trying to sell his shares back to the company. Rob Winder Senior Associate Chartered Legal Executive in our Dispute Resolution team reports on this recent case. However, he had a partial success in that the court agreed that his shares may have been undervalued by the company’s auditor. The case revolves around Stuart Wells, a former director and 14.3% shareholder…
Company insolvencies higher now than during Covid pandemic
September 9th 2024The number of company insolvencies in July was higher than any month during the Covid pandemic, according to the latest figures from the Insolvency Service. Carly Davies, our Debt Control Manager provides an update. After seasonal adjustment, the number of registered company insolvencies in England and Wales in July 2024 was 2,191. That was 16% higher than the same month in the previous year (1,890 in July 2023). The number of company…
Bed bound employee not allowed to work from home awarded £31k
September 3rd 2024A property agent who was not allowed to work from home after becoming bed bound has been awarded £31,000 compensation. Jennifer Cafferky Associate Solicitor in our employment team, reports on this recent case. Pauline Pilawa started working for the estate agency, Properties on the Market in July 2019. At the time, she was suffering with endometriosis following surgery to remove an ovarian cyst. Her condition meant she had difficulties with…
Supreme Court clarifies meaning and application of collateral warranties
August 14th 2024The Supreme Court has clarified the meaning of collateral warranties in construction contracts and the circumstances in which they may take effect. Mark Aspin Director and Head of Dispute Resolution provides an update. Collateral warranties are issued on most construction projects. They create direct contractual relationships between contractors and third parties, granting them the right to sue a contractor for breach of contract if the contractor fails to fulfil its obligations – typically…
Renters to get greater protection as no fault evictions to be banned
August 8th 2024The government has announced that it will transform the housing sector by giving renters greater protection. Sam Fawcett in our Dispute Resolution team provides an update. No fault evictions will be banned, and tenants will be given more rights to challenge rent increases. The proposed changes will be implemented in the Renters’ Rights Bill, which was announced in the King’s Speech. The government’s accompanying notes to the speech outline the…
McDonald’s wins dispute with landlord over renewal of premises
July 14th 2024The High Court has ruled against a landlord that devised a development scheme to serve as grounds to regain possession of business premises occupied by McDonald’s. Stephanie Johnson, Senior Associate Solicitor, reports on this recent case. The case, McDonald’s Restaurants Ltd v Shirayama Shokusan Company Ltd, is a rare decision on compensation for misrepresentation under the Landlord and Tenant Act 1954. It also addresses breaches of court undertakings and the…
Tenants to get new rights to help them hold landlords to account
June 25th 2024Social housing tenants are to get new rights to help them hold their landlords to account and drive up the quality and safety of their homes. Laura Murphy, Paralegal in our Dispute Resolution team provides an update. The government has begun a consultation on new rules that will allow social housing tenants or a representative, such as a lawyer, to request information for free about the management of their homes.…
