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Director Address Disclosures - Changes

Recent changes have made it easier for company directors to withhold disclosure of their private addresses in publicly filed documents. Prior to 2009, the usual residential address of all company directors was on file at Companies House in publicly...

Faulty Electrics Necessitate Lease Interpretation

Many commercial leases provide that the formal document represents the entirety of the agreement, superseding any prior agreements that may have been reached. An important Court of Appeal ruling has, however, made clear that such clauses do not preclude...

Do You Understand Your Duties as a Director?

Directors have a wide range of legal duties that do not always coincide with their own interests, and seeking expert legal advice is the best way of ensuring that these are performed. In one case in which that did not happen, two directors of a phoenix...

One Reasonable Condition is Sufficient for Landlord

When a tenant wishes to assign a lease, it is usual for the landlord's consent to be required, and that consent can be withheld if there are sufficiently good grounds for so doing. In a recent case, a landlord was asked by a tenant to agree to the...

Failure to Address Expert Report Proves Costly

When a tenant of industrial land failed to adhere to a notice to quit the premises, the landlord brought a legal action under the law of trespass for its lost rental income – £12,000 per annum. The tenant did nothing and the landlord then...

Breach of Contract Claim Defeated Quickly

Some breach of contract claims are stronger than others, but even groundless cases come to court sometimes. However, with skilled legal representation, these can be identified and defeated at an early stage. In one case on point, the High Court struck out a...

Tenants Succeed in Avoiding Insurance Charges

When tenants discovered that their landlord had bought insurance over their flats, including the structure of the building, when they had already purchased insurance cover for themselves, the resulting argument ended up in the Upper Tribunal (UT) . The...

Director Who Helped Herself Faces Music

It is hardly surprising that directors of companies that face insolvency often wish to recoup their investments before the balloon goes up. However, as one High Court case concerning a failed furniture retailer showed, they are not entitled to give their...

Court of Appeal Uses Real World Valuation Principles

An empty office block in Blackpool was given a rateable value (RV) of £490,000 by the local valuation officer, who made the valuation based on the expected rent for which the building could be let. The valuation was based on an assumed demand for a...

Incomplete Partnership Arrangements Lead to Court Appearance

When new partners are being introduced into a partnership, it is wise to finalise the arrangements quickly in case the partners fall out. Any lack of formality in the business arrangements can lead to trouble, as a recent case shows . The case concerned...

Incorrect Procedure Stymies Landlord

It is unusual when a case raises two different but significant points. A recent case dealt with issues raised when a landlord sought to obtain possession by 'peaceable re-entry' and the forfeiture of a lease when ground rent was not being paid. It...

Refusal to Cooperate Spells Trouble

Being made bankrupt is never a welcome experience, but failing to comply with reasonable requests of the Official Receiver can make matters even worse. Once a person is made bankrupt, they are required to deliver a statement of affairs within 21 days and to...

In Principle Planning Permission

One of the bugbears of UK planning law has always been that a lot of work has to be done before a planning application can be considered because an outline planning application must be made, except for certain proposed brownfield developments. The process...

Serving Companies with Legal Documents - High Court Guidance

Although companies are independent entities in law, they can only act through natural persons and serving a company with a legal document can therefore be tricky. The point was illustrated by a High Court ruling that effective service of arbitration...

Property Rights Wrangle Ends Up in Court

Dense tangles of rights of way, easements and other property rights are inevitable in the rabbit warren of heavily populated cities and are a common source of strife. Feelings ran particularly high in one High Court case concerning toilet facilities shared...

Pre-Trial Skirmishing Can Be as Important as the Main Event

In commercial litigation, many of the most important battles are fought before the trial even starts and those who drag their feet or fail to comply with judicial directions can find themselves hamstrung when it comes to the main event. Exactly that happened...

Absolute Discretion Has Limits

Construction disputes are a rich source of argument in the courts, and where the contract affords one party a 'discretion' with regard to its rights or obligations under the contract, disagreement can arise as to when this becomes operative. Recently, an...

Failure to Point Out Business Decline Proves Costly

When a business is sold, a 'due diligence' process is normally entered into to make sure that the representations made by the seller to the buyer, on which the buyer's valuation of the business will be based, are true. Failure to be forthright in disclosures...

Charges Must Be Reasonable to be Reasonably Incurred

The leases relating to tenancies in blocks of flats and similar buildings will normally require the tenants to make a reasonable contribution towards the 'estate' costs of the property. The estate costs are those which apply to the whole of the premises or...
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