Mark Aspin

A minority shareholder who claimed he was being unfairly targeted has won his fight against having to sell his shares for only a nominal price. The shareholder had invested in a holding company set up by himself and three others who had worked together as employees for another business. Their relationship later broke down. The group of three attempted to buy out the minority shareholder but the parties could not…

Amazon has been granted an injunction ordering a former employee to comply with the terms of his employment contract regarding the non-disclosure and non-use of confidential documents. The employee, Mr Tejan-Kella, had been an area manager for Amazon. He got into a dispute with the company and issued a claim in the Employment Tribunal. He was then dismissed on the basis that he had no right to work in the…

A director has been ordered to compensate creditors after purchasing a property from his insolvent company in a cut-price deal. The case provided a landmark ruling on the extent to which a director’s duties remain in place after their business is placed in administration. The issue arose after System Building Services Group Ltd went into liquidation. While still a director, Brian Michie, bought from the company a property at what…

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…

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…

A developer has succeeded in overturning a restrictive covenant that would have prevented an office block being converted into homes. The block was next to other office buildings and close to several apartment blocks. The head lease was for a term of 150 years from 1985 and contained a covenant restricting its use to office premises. The local authority, which owned the building, was entitled to 15.5% of the net…

A print firm has won its claim that it was deceived into buying a business because the seller had fraudulently misrepresented key issues and withheld damaging information. Glossop Cartons and Print Ltd had bought Contact (Print and Packaging) Ltd after lengthy negotiations. The deal meant that Glossop took on Contact’s entire business including its employees, and the leases of three commercial units. Prior to the purchase agreements, there were concerns…

By Mark Aspin Director & Head of Dispute Resolution The Court of Appeal has ruled that a landlord was within his rights to end a tenancy agreement without giving his tenant the six-month notice period required under the Housing Act 1988. The tenant, Sarah Bamber, had agreed a seven-year tenancy on the property, which included a 12-month starter period. During this starter period, the agreement stated that the tenancy could…

By Mark Aspin Director A High Court ruling has enabled a company to remove a director who had become estranged from the business following a dispute over alleged breach of duties. The company had two members and four directors. Three of the directors, including the majority shareholder, believed that the fourth director, Mr Christopher Stephen Jones, who was the minority shareholder, had acted in serious breach of his duties. In…

By Mark Aspin Director Landlord groups have called on the government to establish a dedicated specialist housing court to speed up the process of legitimate evictions. The move comes after the Ministry of Justice published figures showing that it is now taking longer for private landlords to evict problem tenants. The average time between a landlord making a claim to the courts to repossess a property, and it actually happening,…