Commercial Client Articles

Directors acted unfairly by paying themselves too much

Three directors had damaged their family business by paying themselves too much and benefiting from company loans. That was the decision of the High Court in a case involving AMT Coffee Ltd. The company had been incorporated in 1993 as a retail...

Broker wins commission claim against investment company

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...

Building society loses negligence claim against Grant Thornton

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...

New law caps tenancy deposits and regulates letting fees

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...

Homes, Fitness for Human Habitation, Act 2018 commences on 20 March 2019

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...

Development agreement was in fact a public works contract

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...

"Double hatting" guidance has important implications for landlord's service charge claims

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...

Grant Thornton ordered to pay £315,345 over negligence

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 fined £50m for abusing its dominant position

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...

Contractor can't escape paying damages for building delays

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...
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