Couples embroiled in company law battle over development project. Court drama unfolds as Majority's property transfer sparks legal firestorm. Court of Appeal overturns ruling, signalling a showdown in a full trial. Informal ops shed light on need for...
Housing Secretary vows to ban No-fault evictions before next election, tackling landlord abuse. Proposed Renters (Reform) Bill aims to protect tenants' rights, including outlawing discriminatory practices, improving housing standards, and strengthening...
Administrators told to refund deposit amidst Stoneywood Mill sale clash. Dispute over indemnity clauses between AW Estates Scotland Limited (AWESL) and ATE Farms Limited (ATE) led to court ruling. Breach by administrators cited, resulting in negotiation...
In a recent ruling by the Commercial Court, a franchisor, Winkworth Franchising Ltd, was deemed justified in cancelling a contract due to the franchisee's failure to provide accounts within the agreed timeframe. Despite multiple requests from Winkworth,...
In a landmark decision, Cerus Endovascular Ltd, a leading medical supplies company in England and California, has secured court approval for its acquisition by foreign giant Stryker Holdings BV. The court greenlit a scheme of arrangement under the Companies...
In a recent legal tussle, Bonvilston Vale Ltd faced setbacks in its pursuit to reclaim £200,000 allegedly paid in error to contractor Amser Building Ltd. The intricate details of the case, involving a terminated contract, a new contractor in the...
A waste management company has failed to get a court injunction preventing former employees from allegedly copying its business model and setting up as a rival. The case involved Waste Managed Ltd. It made allegations of unlawful means conspiracy,...
After allegations of fraudulent losses involving mobile phone deals, the High Court holds director liable in fraudulent losses case and ordered to contribute £2.7 million to insolvent company's assets. The case is a crucial reminder for directors...
Selecting the right legal structure for your business is crucial for success. Options include sole proprietorship, partnership, and limited company, each with its own legal, liability, and tax factors. Sole proprietorship grants control but exposes personal...
Biotech firm DNANudge's court injunction bid to reclaim specialized equipment from manufacturer Jabil Inc. has been denied. The case highlighted unresolved issues surrounding lien, ownership, and payment allocation. The court ruled in favor of Jabil,...
High Court approves UK music company's acquisition by US-based global business. 7digital Group, a leader in digital music solutions, is set to be acquired by Songtradr Inc after court is satisfied that all legal requirements are met. The High Court has...
As we celebrate LGBTQ+ History Month this June, it’s a good time to reflect on the amazing progress made in securing equal rights over the last 60 years. From a legal perspective, which are the milestones that have paved the way for the inclusion of...
The ferry company has failed to use a force majeure clause to avoid liability for not meeting the requirements laid out in a contract with a port operator. The dispute arose from a written agreement with PD Teesport Ltd in 2021. Under the agreement, North...
The UK Supreme Court has ruled that an agent was not entitled to a reduced fee of £435,000. The agent had agreed to receive £1.2m if a property sold for £6.5m, but the property sold for £6m. The court found that the contract did not...
The High Court has approved a scheme of arrangement allowing for the merger between two significant property companies, Shaftesbury Plc and Capital & Counties Properties Plc (Capco), both with properties in London's West End. Shareholders accepted...
A business has been granted a new tenancy despite opposition from the landlord, who claimed breaches of the tenancy agreement. The court found that although there were instances of disrepair and rent arrears, the balance of the grounds came down in favour...
A landlord’s notice to quit has been ruled invalid because, although it was delivered to the correct address, it incorrectly identified an individual as the tenant instead of his company. The case involved Thomas and Turner. Mr Thomas had been granted...
A marketing company has been told that the post-termination covenant in a contract with one of its former suppliers was not enforceable because it prevented fair competition. The case involved Mr Lambert, who ran his own business, and Credico...
Supermarket chain Tesco has successfully appealed an injunction that prevented it from terminating employees’ contracts in order to offer new contracts on less favourable terms. The issue goes back as far as 2007, when Tesco shut several...
No-fault evictions are to be banned as part of government plans to “end the injustice of unfit homes and help protect renters from the rising cost of living”. The Fairer Private Rented Sector White Paper is designed to ensure...
The Renters Reform Bill is designed to drive up standards in the private and socially rented sector, but it will also make evictions easier for landlords in certain circumstances. The Bill is designed to help the 4.4 million households privately renting...
The leaseholders of several flats have had their service charges overturned because the money was used to pay for the upkeep of neighbouring buildings. The flats were situated in an estate of five blocks. Each block was managed by its own Right to Manage...
The Court of Appeal has rule that a leaseholder buying the freehold on his property should only have to pay what it would have been worth had extensive improvements not been made over the previous 40 years. The issue arose after a tenant had taken a long...
The Renters Reform Bill is designed to drive up standards in the private and socially rented sector, but it will also make evictions easier for landlords in certain circumstances. The Bill is designed to help the 4.4 million households privately renting...
A woman who was shunned by her work colleagues and not invited to a drinks event has been awarded £74,000 compensation for unfair dismissal, and race and age discrimination. The case involved Rita Leher, 51, who had started working as a cashier at...
A driver has lost his appeal against a tribunal ruling that he should not be classified as a worker employed by MyTaxi app. The case involved Christopher Johnson v Transopco UK Ltd. From 2014 Johnson worked full time in business on his own account as a...
An ASDA employee has won her claim of unfair dismissal, and disability and age discrimination, after one of her colleagues suggested she should retire. Joan Hutchinson worked for the Queensferry store of the supermarket chain for 20 years before she retired...
A building firm has been awarded £39,000 after an adjudicator’s decision in a contract dispute was upheld by the Technology & Construction Court. The case involved BraveJoin Co Ltd and Prosperity Moseley Street Ltd. Prosperity had engaged...
A worker at a pet food shop has won her claim of unfair dismissal after she raised concerns over her employer’s Covid protocol. Leah Best worked for Embark on Raw, a pet food retailer owned by husband-and-wife team David and Andrea Fletcher. In March...
A landlord has successfully challenged an injunction granted to a tenant who claimed he had been unlawfully evicted. The court also granted the landlord a possession order for the property under dispute. The tenant, Mr Rasool, had applied for a without...
The High Court has outlined what constitutes a business partnership in law following a dispute between a couple who ran a business together. The case involved Ms Burnett and Mr Barker. Barker had set up a business as a sole trader offering fire safety...
The High Court has ruled that a hair stylist had personally created the goodwill in her business and so had not breached her director's duties when she carried out her work through another company. The court heart that the director had been a highly...
The Supreme Court has outlined the limits that should be placed on a right to manage company (RTM) of a block of flats that formed part of a large estate containing several other blocks. The case involved FirstPort Property Services Ltd v Settlers Court RTM...
The Government has published the Building Safety Bill which is said to make the biggest improvements to building safety in many decades. The Bill proposes to introduce new obligations on those owning or managing multi-residential buildings. The...
The Commercial Rent (Coronavirus) Bill was introduced in Parliament on 9 November 2021, along with a new Code of practice for commercial property relationships following the COVID-19 pandemic. Subject to parliamentary approval, the government hopes to...
A firm of engineers have been told they cannot use an ‘overarching contract’ defence to limit their liability for deficient work in a dispute with a homeowner. The issue arose after the homeowner, Mr Elton, hired Buxton Associates (Consulting...
The High Court has rejected a claim that a firm of accountants failed in their duty of care and should be held liable for a client’s failed investment. The client, Mr Knights, sought damages from Townsend Harrison Ltd for losses he suffered after the...
A construction firm has won its claim for the payment of three outstanding invoices despite the customer arguing that the three payments could not be treated as one single case. The issue arose after Creagh Concrete Products Ltd entered into an oral...
Two directors did not breach their legal duties when they paid themselves a total of £1.2m from their failing company. That was the decision of the High Court in a case involving, Brookmann Home Ltd (In Liquidation). The company had been formed as a...
Marks & Spencer has been told to trade in good faith, and not to carry on business half-heartedly, following a dispute with a landlord over the terms of the lease on one of its stores. The court heard that Marks leased a unit within a shopping mall from...
A businessman has failed to get an injunction that would have prevented his company filing accounts and holding board meetings. He also failed to establish that a board room colleague had not been validly appointed as a director. The company involved, which...
A local authority had been too quick to fine a landlord for failing to register under a licensing scheme. Instead, it should have followed its own policy of taking informal action as a first step. That was the decision of the Upper Tribunal (Lands Chamber)...
A financier and his associated companies have been ordered to pay €172 million over contract errors and their failure to meet agreed deadlines. The dispute involved Heritage Travel and Tourism Ltd v Lars Windhorst & Ors. The parties had entered...
Employers in the hospitality sector could face tribunal claims if they withhold tips from workers, under new regulations being introduced by the government. The move is set to help around 2 million people working in one of the 190,000 businesses across the...
A landlord has lost its appeal against a decision that it could not impose service charges for certain works because it had failed to consult tenants properly. The landlord owned several flats let on long leases. It carried out various works to the flats...
The High Court has ruled that a restaurant manager was entitled to be a director and shareholder of a new business he had set up with a married couple. He was also entitled to payments as specified in a contract agreed by both sides. The manager had run a...
The Court of Appeal has clarified whether external doors are landlords’ fixtures and so subject to landlord control. The case involved a tenant who was the registered proprietor of two long-leasehold flats with terms of 999 years. The leases included...
Two directors have been granted permission to continue running their companies despite being disqualified for breaching regulations. The court accepted that they were essential for the continuation of their business and hundreds of jobs could be a risk if...
A firm of consultants were entitled to a large fee for introducing a client to an insurance company even thought there was no specific contract. The law allowed for a fair payment to be implied in the business agreement. That was the decision of the High...
The Court of Appeal has ruled that a commercial tenant had correctly exercised a break clause in its lease despite having left the premises “dysfunctional and unoccupiable”. The break clause provided that the tenant could terminate the lease if...
The Employment Tribunal has warned against encouraging a ‘culture of hyper-sensitivity’ in the workplace. The comments came as the tribunal rejected a female employee’s claim of age and sex discrimination after she was overlooked for...
The High Court has upheld an adjudication award made to a construction firm following a contract dispute involving allegations of defective work. The case involved Davis Construction (South East) Ltd v Sanzen Investments Ltd. Davis had been engaged by...
A father has been granted access to information concerning the family businesses of which he was a director. The issue arose because he was in dispute with his son and daughter-in-law, who were also directors. The family business comprised of companies...
A landlord has won a dispute over service charges in a commercial building because the onus was on the tenant to prove they were unfair, and it had failed to do so. The case involved Criterion Buildings Ltd and Mckinsey & Co. Criterion was the landlord...
The discount supermarket chain Lidl has been ordered to stop selling its Hampstead gin brand due to a trademark dispute. The issue arose after the chain started selling the gin in a dark brown/black and opaque, apothecary style bottle bearing a diamond...
The High Court has ruled that two directors breached their legal duties when they used company property to fund their pensions. The case involved a company that had been incorporated in 1998 to take over a volunteer-run project that renovated and resold...
A firm of interior designers have won a contract dispute over unpaid invoices for their work refurbishing a hotel requiring a “luxurious 5-star feel”. The case involved Phoenix Interior Design Ltd v Henley Homes plc. Henley engaged Phoenix to...
The Court of Appeal has ruled that an ‘irrational’ clause in a lease that led to exponential growth in rent increases was an error and should be corrected. The case involved Monsolar IQ Ltd and Woden Park Ltd. Monsolar agreed a 25.5-year lease...
The government is extending protection against evictions and winding-up petitions for businesses that are still struggling because of Covid-19. Legislation will be introduced to ringfence outstanding unpaid rent that has built up when a business has had to...
A finance consultancy was entitled to €855,000 commission for its part in acquiring investment money for a large property development. That was the decision of the Court of Appeal in a case involving EMFC Loan Syndications and The Resort Group. The...
The Employment Tribunal has ruled that Sainsbury’s acted unfairly when it dismissed one of its workers after she had called her boss a “young idiot” on Facebook. The tribunal heard that 68-year-old Ms A Spence had worked for the...
Two businessmen who breached their legal duties as company directors have been ordered to repay £600,000, even though the court accepted that one of them probably hadn’t realised that anything unlawful was happening. The case involved TMG...
Two financial services directors have been disqualified for continuing to trade and take money from clients while their company was insolvent. Paul Rossi was a director of Independent Derivative Traders Ltd. The company traded as ‘Futex’ and...
A firm of surveyors who secured a business rate reduction for a shop had provided a ‘claims management service’ and were entitled to payment in full as agreed in the contract. The issue arose after Bias Harrogate Ltd engaged RVA Surveyors Ltd to...
The government is introducing new legislation to target company directors who dissolve their businesses for their own gain and leave staff or taxpayers out of pocket. The Insolvency Service will be given powers to investigate directors of companies that...
A company has lost $3m dollars because it had agreed to contradictory contract terms when entering into a purchase agreement. The case involved Septo Trading Inc, which contracted to import fuel oil supplied by Tintrade Ltd. The terms were recorded in an...
The Employment Tribunal has ruled that the supermarket chain Lidl failed to properly investigate the case of one of its caretakers who caused alarm to colleagues when, among other things, he showed off a swastika tattoo. It ruled that Mr I Horvarth, from...
Three well-known national companies have failed to stop a rent arrears claim against them despite arguing that their businesses had been adversely affected by the Covid-19 pandemic. The case involved two commercial landlords and their tenants Cine-UK Ltd,...
A hotelier has lost an appeal over court costs because of uncertainty over how the Covid pandemic would affect its business. The case involved Engie Power Ltd, which supplied electricity to a hotel owned by Douglas Hospitality Ltd. A dispute arose after...
The Court of Appeal has ruled that a group of leaseholders were not responsible for the cost of repairs if those repairs also made good fundamental structural defects in their properties. The leases related to flats situated in a large block constructed in...
A construction company was entitled to immediate payment of £1m that it had been awarded by an adjudicator following a contract dispute. That was the decision of the Technology & Construction Court in a case involving Quadro Services Ltd and FP...
A director who continued to run a company that did not generate revenue and ran up debts of £7m has been disqualified for seven years for failing in his duty to creditors. The case involved Arise Networks Ltd, now in liquidation after being wound up...
A commercial landlord has won a dispute over unpaid rent of more than £166,000 despite the tenant citing Covid-19 as the reason for its failure to pay. The case involved Commerz Real Investmentgesellschaft MBH and TFS Stores Ltd. Commerz was the...
The aircraft manufacturer de Haviland has been awarded $42m damages in a claim for breach of a purchase agreement for the sale of 25 planes. The issue arose after the customer SpiceJet had difficulty finding finance for the deal. The agreement was...
Financial penalties imposed on a company’s former director after he breached a settlement agreement were harsh but still enforceable. That was the decision of the High Court in a case involving Permanent Ltd and Greenhill Industrial Holdings Ltd v...
The landlord of an unlicensed house in multiple occupation (HMO) has been ordered to repay the full amount of universal credit she received from the local authority to meet the rent for people in need of emergency accommodation. The property had five...
The Countrywide estate agency group has won a contract dispute involving the £38m sale of one of its subsidiaries. The court heard evidence that Countrywide had agreed to sell its subsidiary, Lambert Smith Hampton Limited (“LSH”), to John...
A surgeon who accidentally set one of his patients on fire during an operation has won his case of unfair dismissal and been awarded £67,000. Dr O Iwuchukwu worked at City Hospitals Sunderland, part of South Tyneside and Sunderland NHS Foundation...
A director who had conducted the affairs of a night club in a way that had unfairly prejudiced a minority shareholder has been ordered to make an interim payment to her of £200,000. The figure could be much higher once a further hearing takes place. ...
The ban on tenants being evicted by bailiffs, which was imposed because of the Covid19 pandemic, has been extended until 31 March. Exemptions remain in place for the most serious circumstances that cause the greatest strain on landlords as well as other...
Two partners in a failed business have been told that the liquidator can call upon them to pay nearly £600,000 between them for the partnership’s liabilities and the expenses of the winding-up. The issue arose after the liquidators had applied...
Creditors of the Café Nero chain have been granted the right to an expedited trial to enable them to recover full compensation for unpaid rents. The case involved several commercial landlords who were challenging the validity of the way Nero had...
The Supreme Court has ruled that Uber drivers should be classed as workers rather than as self-employed. The distinction is crucial as it means drivers gain significant employments rights such as entitlement to the minimum wage and holiday pay. The...
A possession notice didn’t have to include a landlord's name and address where it was signed by the landlord's agent; it was sufficient to give the name and address of the agent. That was the decision of the Court of Appeal in a case involving...
A businessman has won his appeal against his disqualification from being a company director. Gabriel Gatheru Rwamba had been disqualified in 2009 for four years for failing to appropriately monitor the company's finances. In 2010, interim orders...
An employee who made secret recordings of his work colleagues has lost his claims of unfair dismissal and discrimination. The case involved Mr Ch Tan who described himself as Chinese Singaporean by ethnicity and gay by sexual orientation. In 2012, he had...
A company has succeeded in recovering a $16m advance payment after a force majeure event prevented one of its suppliers from fulfilling a contract on time. The case involved Nord Naphtha Ltd and New Stream Trading AG (2020). New Stream had agreed to...
Protection for people who rent their homes is being extended while the Covid restrictions continue to affect people’s livelihoods. The measures include a ban on evictions until 11 January 2021 at the earliest. The only exceptions to this will be the...
A restaurant has won a dispute over whether an extension that failed to adhere to planning permission should be demolished. The restaurant was a family business. It had been granted planning permission to demolish and replace a sunroom at the front its...
A housing trust has been ordered to allow a communications company to install and operate equipment on the roof of one of its properties. The case involved Cornerstone Telecommunications Infrastructure Ltd and London & Quadrant Housing Trust (2020). ...
A landlord has been ordered to pay damages to a church organisation that was unlawfully evicted from its rented premises. The case involved Jesus Sanctuary Ministries Ltd and Ruby Triangle Properties. The church had started occupying the property under a...
A director has been ordered to repay more than £188,000 after his business went into liquidation. Michael Edward Belcher was the sole director of BM Electrical Solutions Ltd. The company had filed one set of accounts for the period to 31...
Judge & Priestley LLP, the Bromley based solicitors’ practice, is proud to announce its most successful results ever in the 2021 edition of the prestigious Legal 500 directory of leading UK law firms. For the first time ever three of the...
The High Court has ruled that two directors of a recycling centre had breached their legal duties by diverting its business to a firm that they owned. The court was told that Kenneth Davies had set up a company called Green Box Recycling (GBR) in 2010 to...
Law can be fast changing, even more so in these challenging times. As the Government continues to respond to Covid 19, further new legislation is being introduced. The Government has announced further emergency measures to protect commercial tenants from...
An investment consultant has won a dispute with a developer over performance fees arising out of a joint venture. The court heard that the venture involved using money raised from investors to purchase commercial properties and convert them into residential...
As a result of Section 82 of the Coronavirus Act, UK commercial tenants who miss rent payments due to the impact of the Coronavirus pandemic are to be protected from eviction for at least three months. Some of the potential issues for landlords of...
A tenant has lost his appeal to increase the compensation offered by the landlord for noise and disturbance caused by refurbishment work. The tenant was a dentist. In 2010 he had purchased a practice and had taken over the lease of its premises, which had a...
A property company has lost its appeal against a tribunal ruling that it had failed to correctly calculate the level of service charges payable by leaseholders. The case involved a mixed commercial and residential development owned by Avon Ground Rents Ltd....
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...
Wealthy professional footballers who took part in a failed tax avoidance scheme have lost their claims of breach of contract and professional negligence against two banks. The case centred on schemes advertised as vehicles through which taxpayers could...
A housing association was entitled to evict a disabled tenant even though it had failed to comply with its public sector equality duty (PSED) under the Equality Act 2010. That was the decision of the Court of Appeal in a case involving Aldwyck Housing Group...
A marketing company has been awarded £150,000 following a contract dispute with a Formula One racing team. The case involved Amp Advisory & Management Partners A.G. and Force India Formula One Team Ltd (In Liquidation) (2019). The issue arose...
A farmer has won her claim against a mortgage lender over commission paid to her broker without her knowledge. The case involved Frances Elizabeth Wood and Commercial First Business Ltd (In Liquidation). In 2007, Wood applied through a broker, UKMFS, for a...
Protesters from a local community group have failed to prevent the development of several listed buildings in a conservation area. The proposed development was for 93 houses and associated facilities at the site of a former school, containing several Grade...
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...
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...
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...
A family of directors have been banned from running a company for a total of 19 years after they were found to have benefited themselves over the interests of their creditors. Husband and wife, John Joseph Power (65) and Helen Catherine Power (66), were...
The Residential Landlords Association (RLA) is calling for a new housing court to speed up justice for landlords and tenants. The association says that under Civil Procedure Rules, repossession claims should only take about nine weeks, but official figures...
The fashion house Mulberry has successfully defended a discrimination claim from a former employee who was dismissed after refusing to sign a confidentiality agreement. The case involved designer Anna Gray, who had access to some of Mulberry’s designs...
A property developer has been prevented from refinancing a building project until it pays back a loan to a minority shareholder. The developer had been working on a site with 102 flats. The project was funded by a £1.7m loan from another company and a...
A marketing company that specialises in introducing sponsors to sports teams has lost a commission claim against a Formula One racing team. The case involved Sports Mantra India Private Ltd and Force India Formula One Team Ltd (in liquidation, 2019). The...
Tenants threatened with eviction are set to receive enhanced legal support under new measures proposed by the government. The Housing Possession Court Duty Scheme (HPCDS) offers free ‘on-the-day’ legal advice to anyone in danger of being evicted...
A company has been fined a record £7.8m by HMRC after breaching money laundering regulations. An investigation by HMRC officials found that West London money transmitter Touma Foreign Exchange Ltd had failed in several ways to carry out its duties...
A tenant has been granted an extension to an injunction preventing him from being evicted, although the judge made it clear that this did not prevent his landlord from issuing possession proceedings. The tenant had obtained the injunction after the landlord...
A director has been banned from running a company for six years after approving payments that were detrimental to creditors. James Wilson McAllister, aged 51, currently living in Marbella but formerly of Kilmarnock, was the sole director of Greetings...
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...
Figures released by London Trading Standards (LTS) show that 46% of letting agents in the capital are breaking the law by failing to comply with new regulations. They were fined a total of £1.2m for not displaying their fees or for not being members...
The Upper Tribunal (Lands Chamber) has ruled that the First-Tier Tribunal (FTT) has an unfettered discretion to extend the 28-day period for appeals from financial penalties that can be imposed under the Housing Act 2004, section 249A. In the case of...
A developer has been refused permission to convert a family home into a House in Multiple Occupation (HMO). The property was in a street which contained mainly single-family homes. The developer wanted to the convert it into six self-contained apartments. ...
A court has ordered that a director should be removed from his position after several sums of investors’ money were dispersed into various companies. The director ran a business that sought investment for developments of hotels and care homes. ...
The government has warned employers that disabled people should not be considered a burden or prevented from enjoying fulfilling careers. The latest figures from the Department for Work and Pensions show that a record number of people have been supported by...
An insurance company has been granted a disclosure order allowing it to access recordings of phone calls made to two other firms in an alleged customer poaching case. The case involved D&G, which provides protection for customers after a product...
A recruitment company has successfully appealed against a decision to allow one of its former employees to join a competitor as a shareholder. Egon Zehnder moved to prevent its former employee Ms Tillman from joining a rival firm. In her contract there had...
A diabetic bank manager was discriminated against after being dismissed following an incident that saw him lock a customer in the branch. Mr B Kuppala was employed by HBOS for 14 years and worked his way up to manager of its Oxford Street Halifax branch. ...
New legislation to prevent company bosses misusing Non-Disclosure Agreements (NDAs) for former employees has been announced by the government. Ministers say that while NDAs can be used by businesses for several legitimate reasons, there are occasions...
An agency worker has lost his claim that he should be entitled to the same number of working hours as a permanent member of staff. Dominik Kocur was employed by recruitment company Angard Staffing Solutions, who provided staff for Royal Mail. Kocur...
The government has introduced a new set of additions to its ‘Good Work Plan’ which aims to increase the rights of workers. Some of the key elements of the scheme include: workers to be given enhanced rights to tackle unscrupulous employers who...
Standard Life Assurance Limited has been fined £30million for failing to give its customers all the required information when selling annuities. An annuity is a type of retirement income product that can be purchased with some or all of an...
A group of landowners have won a planning appeal that could boost their potential compensation if their property becomes subject to compulsory purchase. Their land is situated in an area that Highways England is considering for development of a new route. ...
A landlord has won a dispute with a tenant over service charges for insurance dating back nearly 15 years. The case involved a tenant who held the lease of a flat in a building comprising of three flats and a commercial unit. Under the lease, the tenant...
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...
The controversy in the case of Broxfield Ltd v Sheffield City Council revolved around demands for business rates sent by the local authority to the appellant on 25 January 2016 in respect of a property known as Courtwood House in Sheffield. There were three...
The Upper Tribunal (Lands Chamber) (UT) has been asked to consider appeals about the extent of maintenance for which a landlord is responsible in relation to demised premises. The cases, Buttermere Court Freehold Ltd v David Goldstrom and Andrew Parissis,...
The appellant, Westlake Estates Ltd, was the freeholder of Snowshill Place, a purpose-built block of 17 flats. It acquired the freehold in 2008 from Linkhaven Estates Ltd. The respondent, Mr Yinusa, was the tenant of flat 6. He held it under a 125-year...
A company has been compensated for a breach of warranty after it bought an insurance firm. The case involved a firm that sold policies related to motor or household insurance. When it was sold in 2014, the seller provided warranties that the company...
An estate agent has been fined £3,000 for not being a member of all the required redress schemes for the services it covered. The case arose following a complaint from a tenant who lived in a block of flats managed by the agent. The local authority...
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...
The Employment Tribunal has ruled that a transport worker was discriminated against because of his ‘lack of command’ of the English language. Mr A Khawaja, from Pakistan, worked for Transport for London (TfL) but was overlooked for development...
A tenant has successfully appealed a service charge he incurred after his landlord removed rubbish from the car park of the property. The tenancy agreement included the rent payable as well as the right of the landlord to add a variable service charge to...
A tenant has successfully appealed a service charge he incurred after his landlord removed rubbish from the car park of the property. The tenancy agreement included the rent payable as well as the right of the landlord to add a variable service charge to...
A man who is almost blind was awarded £50,000 after his North London property became overrun with Japanese knotweed. Paul Ryb, who represented Great Britain and won the International Blind Tennis tournament, lost his central vision after suffering...
An office worker was subjected to a ‘hostile, humiliating and offensive environment’ after she informed her employers that she was pregnant shortly after joining the company. Eilise Walker started working for Arco Environmental in November 2017,...
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...
Since 1 October 2014, a person who engages in either letting agency or property management work must be a member of a prescribed redress scheme for dealing with complaints “in connection with that work” Enterprise and Regulatory Reform Act 2013...
A planning inspector’s refusal to grant permission for a housing development has been ruled unlawful by the High Court. The case involved Green Lane Chertsey Developments and its proposal to build residential properties on three adjoining plots of...
The High Court has ordered a homeowner to pay the full cost of repair work carried out on his property by a building company. The court heard that the homeowner, Sylvein Pinto, had asked ICCT Ltd to stop leaks in his basement. The work was not paid for so...
The High Court has ruled that a landlord was entitled to terminate the tenancies on commercial properties so he could apply for planning permission to build houses. The case involved several tenants who provided aviation-related facilities from rented...
New regulations requiring employers to provide payslips for all workers, including those on casual and zero-hours contracts, has now come into effect. An estimated 300,000 people are expected to benefit. From April 6, these payslips must include the number...
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...
The government plans to bring an end to unfair evictions with what it describes as the biggest change to the private rental sector for a generation. It will introduce legislation to abolish so called ‘no-fault’ evictions, which are one of the...
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...
A firm of brokers have won a commission claim against an investment company that started to bypass it by approaching its clients directly. The case involved Medsted Associates Ltd and Canaccord Genuity Wealth (International) Ltd (2019). Medsted had...
Manchester Building Society has lost its £48m negligence claim against the accountancy firm Grant Thornton. The claim arose because Grant Thornton had audited the society’s accounts from 1997 until 2012. In 2006, the society began a policy of...
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...
The new Act will become law from 20 March 2019 and amends section 8 and 10 of the Landlord and Tenant Act 1985. The Act requires that all rented properties in England must be “fit for human habitation”. When will the Act apply? To new...
The Court of Appeal has ruled that an agreement for the disposal of land was not a public works contract at the time the agreement was entered into but, because it contained contingent provisions which would require the developer to carry out development...
In the recent decision in Avon v Childs [2018] UKUT 0204 (LC), the Upper Tribunal provided important guidance on the issue of “Double hatting” which is likely to see an increase in service charge claims started in the county court and impact on...
The accountancy firm Grant Thornton has been ordered to pay damages of £315,345 after providing negligent advice to Manchester Building Society. However, it was not liable for the losses incurred following that advice. The High Court heard that Grant...
Royal Mail has been fined £50m for breaking competition law by abusing its dominant position in the postal delivery market. An investigation by the regulator Ofcom found that it discriminated against Whistl, one of its customers and...
A contractor was liable for delays on a building project even if it was not responsible for all the factors associated with those delays. That was the ruling of the Court of Appeal in a case involving North Midland Building Ltd and Cyden Homes Ltd. The two...
Tenants and leaseholders can now access official guidance on their rights when renting their home. The online rental guides, published by the Ministry of Housing, Communities and Local Government, are part of a continuing crackdown on poor practice by a...
When relying on reports drawn up by professionals, it’s important to ensure that they are liable if their advice turns out to be wrong or incomplete. Failure to do so could prove costly, as illustrated in a recent case involving BDW Trading Ltd and...
Directors could soon be banned from running a business and face large fines if they dissolve their companies to avoid paying employees or making required pension contributions. The crackdown is part of government plans to safeguard workers, pensions and...
A developer has won the right to build in open countryside despite opposition from the local planning authority. The case involved developer George Barlow and Cheshire East Council. Barlow had applied for planning permission to build 10 houses on open...
The National Landlord’s Association (NLA) has criticised government proposals to introduce 3-year minimum tenancies. Ministers say 3-year tenancy terms, with a 6-month break clause, are necessary to help renters put down roots, and to give landlords...
There has been a 39% rise in claims before the Employment Tribunal since the Supreme Court ruled last year that the fees charged to bring claims were unlawful. The fees were introduced in 2013, with employees having to pay up to £1,200 to bring a...
When a tenant of a warehouse sought a declaration from the High Court against a landlord in relation to repairs to the warehouse, the court refused to issue such a declaration. In the case of Office Depot International (UK) Ltd v (1) UBS Asset Management...
Who owns land in the UK (when the land is registered to an overseas company) is being tackled by the Department for Business, Energy and Industrial Strategy (BEIS). The information currently available on overseas owners or leaseholders of land is often...
The government is planning to set up several New Town Development Corporations to build thousands of homes across the country over the next five years. The corporations will be accountable to local councils and be responsible for new towns and garden...
In a home-owner’s subsidence claim, where relief was sought under the Coal Mining Subsidence Act 1991, the question before the court was whether it was reasonably practicable to demolish the house and build a larger one. In White v The Coal...
Creating a more effective land registration system is firmly on the Law Commission’s agenda. In a project designed to update the Land Registration Act 2002 – which governs registered land – the Law Commission first published a consultation...
The refusal by Milton Keynes Council of a tenant’s request to buy the freehold of a property was upheld by the Upper Tribunal, overturning the decision of the First-tier Tribunal. In the case of Milton Keynes Council v Bailey , the Upper Tribunal...
In a case before the Court of Appeal, a tenant argued that an index-linked rent review clause contained in a reversionary lease of offices in Bromley was ambiguous. Concurring with the first instance judge, in the case of Trillium (Prime) Property GP Ltd v...
A director has been banned for seven years after repeatedly failing to pay his workers the minimum wage. Shakil Ahmed was a director at Euro Contracts Services Limited (ECS), which supplied labourers to farms. The farms paid a fee to ECS, which was then...
A developer has been ordered to pay an extra £750,000 for land that was sold subject to the condition that the price would increase if planning permission for houses was granted. The issue arose after the developer purchased property from a landowner...
A director breached her legal duties when she transferred company assets to herself during a period of financial difficulty. Julie Anne Davey ran a company called Angel Group Ltd or AGL, which had three subsidiaries. The businesses specialised in...
If a landlord doesn’t want to carry out repairs on a commercial property unless he has a tenant waiting to move in, is he entitled to have the rateable value reduced? A recent case saw landlord Christopher Shaw appeal after a valuation tribunal...
Companies disputing invoices from suppliers need to ensure any documents they produce to support their case are legally watertight. Failure to do so could prove costly, as shown in a recent case involving MI Electrical Solutions Ltd and Elements (Europe)...
Company directors could be held personally liable for nuisance calls and face fines of up to £500,000 under tough new measures being put forward by the government. Currently, only businesses are liable for such fines. This has led to cases where some...
The government has published new guidance for landlords to protect tenants from being exposed to poor living conditions. From 1 October this year, landlords who let a property to five or more people – from two or more separate households – must...
A recruitment agency has been granted an injunction to prevent a former employee working for rival companies while on garden leave and to ensure its confidential information isn’t misused. The case involved Coyle Personnel, which supplied nurses to...
Business leaders have welcomed government proposals to make large companies justify the pay of their chief executives and reveal how much higher it is than that of their average worker. The move affects UK listed companies with 250 employees or more. They...
The High Court has ruled that a 96-hour shift pattern for firefighters was unlawful because it breached the Working Time Regulations 1998. The case involved firefighters employed by South Yorkshire Fire and Rescue Service. The authority operated a shift...
An employment tribunal has ruled that drivers with Hermes are workers, not self-employed contractors and so are entitled to employment rights. The ruling follows a similar decision by the Supreme Court, which held that a plumber with Pimlico Plumbers should...
The Employment Tribunal has ruled that an employer discriminated against a woman when it extended her probationary period after discovering she was pregnant. Charlotte Kimberley was appointed as a contracts administrator by Calibre Building Services on 8...
When agreeing break clauses on commercial properties it’s important to ensure the terms are clear and unambiguous. Otherwise costly disputes can arise, as happened in a recent case involving Goldman Sachs and Procession House Trustee Ltd. Goldman had...
The government has introduced new measures to protect company directors from identity fraud after research showed they are twice as likely as other people to be targeted by criminals. Until now, directors were required to register their personal address...
A sub-contractor has won its battle to force a developer to pay more than £388,000 for work carried on a major project. The case involved E7 Building Services and R G Carter Cambridge Ltd. E7 had been contracted to carry out mechanical and electrical...
A disabled employee has won a constructive dismissal claim after his employer ‘forced’ him to work evenings. The employee joined the firm in October 2011. He regularly worked 12 to 14-hour days that stretched well into the evening. In July 2012...
A whisky company has been refused an injunction to prevent a rival making a glass that could breach its copyright. Dartington Crystal produced glassware and was preparing to release a new type of whisky glass on to the market. However, whisky company...
An NHS manager who was told her role was being reduced by half during a TUPE transfer was unfairly dismissed. That was the ruling of the Employment Tribunal in a case involving Karen Faulkner and the NHS Business Services Authority. Mrs Faulkner was a...
A supermarket has been awarded more than £1m damages from a broker that failed to give proper advice when setting up a fire insurance policy. The case involved the supermarket Pakeezah Meat Supplies, which sought advice from Total Insurance Solutions...
A director of a haulage business has been disqualified for seven years after he sold company assets for his own benefit, leaving creditors unpaid. Gilmour James McFarlane was a director of Garden Haulage Ltd. His company went into liquidation in 2015, owing...
The European Commission has proposed a wide-ranging new law to strengthen protection for whistleblowers who uncover unlawful activities in their company or organisation. It’s thought the new measures are likely to be adopted by the UK as part of our...
The leaseholder of a maisonette has been prevented from extending her home by digging down into the subsoil beneath her cellar. The High Court held that the general presumption of being allowed to develop a property upwards did not automatically apply to...
A local authority’s decision not to award incremental pay increases resulted in unlawful deductions of wages for some of its employees. That was the decision of the Court of Appeal in a case involving Nottingham City Council and three groups of its...
A beauty spa manager has been granted an injunction against Harrods department store after it decided not to renew her contract. The case involved a woman who ran a hairdressing, beauty treatment and spa business called Urban Retreats from a concession...
Choosing candidates for redundancy is a complicated process requiring a detailed knowledge of employment law. If the correct procedures are not carried out, employers could face costly claims of unfair dismissal, as happened in a recent case before the...
Employers must do more to prevent sexual harassment and remove toxic cultures in many workplaces, according to the Equality and Human Rights Commission (EHRC). The Commission makes several recommendations to improve protection for employees in a new report,...