Latest News

Sovereign Wealth Fund's $3 Billion Worldwide Freezing Order Overturned

Worldwide freezing orders are an essential means by which dissipation of wrongfully obtained money and assets can be effectively prevented. However, as an important High Court ruling showed , such orders are only worth the paper they are written on if they...

Pension Trustees Take Note

Pension transfer scams are commonplace and cause a great deal of hardship for the dupe who puts their trust in the scammer and thereby loses all or part of their pension fund. However, the loss can also extend to pension schemes, a fact of which pension...

Restrictive Covenants Are Not Necessarily Insurmountable

Property title deeds often contain restrictions on future use of the land and one of the most common is a requirement that only one house can be built on a single plot. It may be thought that such a restriction must be adhered to forever, but if the...

A landlord's consent to alterations may constitute a breach of covenant by the landlord

In the case of Duval v 11-13 Randolph Crescent Ltd, the Court of Appeal has found that a landlord that ignores the terms of a lease when deciding whether or not to grant consent to alterations, may inadvertently find themselves in breach of covenant. ...

Resolving Disputes in the Boardroom

Boardroom conflict can often mean directors falling into opposing camps, with deadlock the result. As a High Court decision shows , taking legal advice is often the only means of achieving a resolution. The case concerned a holding company that was formed...

Changes to the Definition of HMO - Landlords Take Note

With burgeoning numbers of students and a continuing housing shortage, residential property for letting has been a popular investment for several years. Many such investments are in houses in multiple occupation (HMOs) and landlords of large HMOs (which are...

The requirement to provide a Gas Safety Certificate when granting an Assured Shorthold Tenancy

The passing of the Deregulation Act 2015 imposed a host of new requirements on landlords who let out properties under Assured Shorthold Tenancy agreements. A number of those, known as “Prescribed Requirements” arise pursuant to the “Assured...

Registration of Property Owned by Foreign Entities

Under draft legislation now in Parliament (the Registration of Overseas Entities Bill), the Government is intending to establish a register of the beneficial ownership of properties in the UK where the property is owned by an overseas entity. The general...

Failure to Comply With Order Means Loss of Right to Present Oral Evidence

When attempting to negotiate any dispute it is important to assemble fully your arguments, so that you can state your case with the greatest vigour, and to comply with any directions issued by the tribunal. This is also true when a dispute is being...

Unilateral Mistake - High Court Rectifies Terms of Commercial Lease

Signing leases is a serious business and both landlords and tenants are expected to live with their terms, however onerous they may be. However, as a High Court case illustrated, judges have the power to rectify terms if an obvious mistake has been made. A...

Supreme Court Rules in 'Gay Cake' Case

In a unanimous judgment, the Supreme Court has ruled that a bakery in Northern Ireland's refusal to make a cake bearing a slogan in support of same-sex marriage was not discriminatory. The legal battle began four years ago after Ashers bakery, a family-run...

If You Agree to Abide by Rules...

Football Association (FA) rules require that, where disputes arise between players' agents and clubs, they must be resolved by arbitration rather than by public court proceedings. The extent of that requirement came under analysis in a High Court case that...

Court Refuses to Act as Referee to Determine Appropriate Repair Scheme

Anyone who has bought a new build property will be familiar with a 'snag list' of items that should be rectified. Normally these don't present too many issues, but when the snags are significant, and the new build is one in which there is a landlord who is...

Force Majeure Attempt to Avoid Agreement Fails

Oil exploration is a risky business and industry contracts commonly make provision for unforeseen events that interrupt production – known to lawyers as 'force majeure'. Force majeure clauses are common in many other types of contract also. In a recent...

When is a Year More Than a Year?

When a landlord appointed agents to manage properties in London, it did so under an agreement for 12 months, which was specified to continue on a yearly basis until terminated by either party giving the required notice. The landlord failed, however, to give...

Asset Freezing Can be Costly

Asset freezing injunctions can be a crucial tool in commercial litigation – but applying for them is not for the faint-hearted. If a freezing order is granted, it can be cataclysmic for the owner of the asset, as it prevents them (in effect) from using...

Indemnity Insurance in Conveyancing Transactions

Indemnity insurance is a form of insurance taken out in conveyancing transactions where legal issues arise that cannot  be rectified easily or quickly. This type of insurance can be obtained to mitigate against the risks arising from breaches of...

Landlords Caught by Tenant's Environmental Failings

A landlord that ignores the potential for problems caused by the activities of its tenant does so at its peril, as a recent case demonstrated conclusively . It concerned a company that recycled mattresses on a site it rented. It lacked any sort of...

Non-Disclosure is Fault of Policyholder Not Brokers

It is no real surprise that insurers are often not wildly enthusiastic about paying claims and will deny liability when they are able to do so. One condition which is normally present in a policy application is that the insured discloses any past criminal...
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