Commercial Client Articles

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...

Employers who withhold tips from workers could face tribunal claims

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...

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...
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