Commercial Client Articles

Landlord loses service charge appeal after failing to consult tenants

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...

Contract entitled restaurant manager to be director and shareholder

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...

Appeal Court considers whether external doors are landlords' fixtures

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...

Directors can continue running business despite disqualification

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...

Consultants entitled to £212k fee because of implied contract term

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...

Damage to premises did not invalidate break clause in lease

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...

Tribunal warns against culture of hyper-sensitivity in the workplace

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...

Court upholds adjudicator's award to honour contract

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...

Father granted access to business records in family dispute

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...

Landlord wins dispute over service charges in commercial building

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...
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