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.…
Partner entitled to share partnership assets despite her resignation
June 5th 2024A woman who resigned from her family’s business partnership is still entitled to a share in the partnership assets, the Court of Appeal has ruled. Mark Aspin Director and Head of Dispute Resolution reports on this recent case. The case of Procter v Procter involved a 600-acre farm. The partnership consisted of two brothers, their sister, and their father. Each partner was entitled to one quarter of the profits. The partnership agreement had…
Legal dispute specialists shortlisted in prestigious regional awards
May 28th 2024The Dispute Resolution team at a Cumbrian legal firm has been named as a finalist in the Northern Law Awards. The team from Cartmell Shepherd Solicitors has been shortlisted in the Litigation and Dispute Resolution category of the prestigious regional awards. It is the only entry with its head office in Cumbria to make the final. The specialist legal team supports clients across Cartmell Shepherd’s offices in Cumbria and Northumberland,…
High Court upholds decision not to impose deposit penalty on landlord
May 7th 2024The High Court has upheld a judge’s decision not to impose penalties on a landlord after a tenant complained that he had not been provided with information about his tenancy deposit as required under the Housing Act. Laura Murphy, Paralegal in our Dispute Resolution team reports on this recent case. The case involved Mr Lowe and the Governors of Sutton’s Hospital in Charterhouse. The issue involved confusion over clauses in…
