The loan relationships unallowable purpose test is demonstrably broad
The test continues to carry its earlier momentum by giving more guidance on the unallowable purpose rule. Background: JTI Acquisition Company (2011) Ltd (JTIAC) was a
Partnership agreements – planning for profits and losses
When setting up a business as a partnership, or revisiting your partnership agreement for any reason, it is important to consider the core topic of how profits and losses will be
Surrendering a lease for commercial premises
If your business requirements have changed, and you need to get out of your current lease, a surrender can be an attractive option - as long as your landlord is willing to agree.
The Leasehold and Freehold Reform Act has now become law – but what does that mean for me?
The Leasehold and Freehold Reform Act 2024 received Royal Assent on 24 May 2024 but has not yet entered into force. This legislation aims at providing greater rights and
Don’t keep a company trading if it should go into liquidation
The High Court has handed down an important judgement against two former directors who were ordered to pay liquidators £13.5 million each for wrongful trading. Background: The
Non-objection clauses in option agreements are lawful.
The Court of Appeal (CoA) found it was legitimate to include a non-objection clause in an option agreement. Background: This appeal was against the order of the High Court
Notice provisions should be construed in light of their commercial purpose
The Court of Appeal (CoA) gave helpful guidance on interpreting notice provision in light of their commercial purpose and warned against them becoming “a technical minefield
Don’t misrepresent your intention to terminate a commercial lease.
This case is one of the few decisions on compensation for misrepresentation under Section 37A of the Landlord and Tenant Act 1954, as the landlord obtained an order terminating the
Can a director be in breach of his duty for transferring a property below market value to commit an alleged tax evasion?
This case relates to alleged tax evasion and provides useful guidance on how to determine whether a breach of directors’ and professional trustees’ duties is deemed to be
You are not automatically liable for all damages caused by Japanese knotweed
The Supreme Court decided on the issue of compensation for neighbouring owners due to an invasion of Japanese knotweed. It ruled that landowners are not automatically liable for