Commercial Client Articles

The Building Safety Bill

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...

Commercial Rent (Coronavirus) Bill introduced into Parliament

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...

Engineers can't use 'overarching contract' defence to limit liability

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...

Accountants can't be held liable for client's failed investment

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...

Construction firm awarded £40k in three-in-one payment claim

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...

Directors didn't breach duties when paying themselves £1.2m

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...

Court tells Marks & Spencer to trade properly in lease dispute

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...

Director fails to get injunction that would disrupt company business

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...

Council was premature in fining landlord over licence breach

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)...

Financier ordered to repay 172 million euros after contract failures

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...
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