Is your contract enforceable? The risks of unwritten terms
This High Court case serves as a powerful cautionary tale against opportunistic buying from vulnerable sellers and emphasises the absolute necessity of strict legal compliance and
Is a box sufficient to comply with the ‘occupation’ to avoid paying non-domestic rates on the empty property?
The High Court considered the application of anti-avoidance principles to established practices in non-domestic rating (NDR), specifically addressing the "box scheme"
Section 234 is not a universal solution for administrators seeking possession of all-company property.
The Court of Appeal (CoA) was faced with the question of whether administrators can use Section 234 of the Insolvency Act (IA) 1986 to obtain an order for possession of a
A significant value gap may not be enough to establish negligence.
The Court of Appeal (CoA) confirmed that even a significant divergence in valuation does not automatically equate to a finding of negligence. Background: Mr. Bratt owned a site
Don’t be fooled by the name attached to the distributions from overseas companies.
The Court of Appeal (CoA) provided valuable clarity on the interpretation of "dividends of a capital nature" and reinforced the primacy of the distribution mechanism in
A paper-thin presence is no ground to defeat a repossession when “actual occupation” is on paper only
The High Court recently considered the nuanced requirements for establishing actual occupation as an overriding interest capable of taking priority over a
Can third parties be liable for fraudulent trading?
The Supreme Court was faced with the question of whether a third party involved in a fraud case can be liable for a company’s liquidation process, even if it was not directly a
The devil is in the detail: Ensure that a private lane can be adopted as a public highway
The High Court has recently delivered a stark warning to property developers and landowners about the importance of clearly defined and achievable obligations when it comes to the
The price of ignoring the requirements of the Companies Act 2006
The High Court analysed a case relating to the valuation of shares in the context of unfair prejudice, including the potential application (or non-application) of minority
When regulatory breaches impact property ownership rights
The High Court looked at a case where an unauthorised person entered into a regulated sale and rent-back agreement (SARBA) and whether the successor in title was