Even if you have no legal right to occupy a property, you still have the right to be forced to leave in accordance with the law
The Court of Appeal (CoA) heard a dispute over possession of a property owned by a company which was under ...
HMRC must give cross-undertaking when appraising damages in winding-up petitions
The Court of Appeal (CoA) confirmed a High Court decision which might result in HMRC being liable for damage to ...
Injunctions can be used to restrain property sales
The High Court was faced with a question regarding a potential injunction to restrain sale based on an oral option ...
Are you really a member of the company?
The Court of Appeal (CoA) clarified that even if a stock transfer was forged, the company’s register of members is ...
Mortgage accounts cannot always be remedied in court
The High Court dismissed a claim for a mortgage account as there was no genuine dispute underlying the request. Background: ...
Safety first! An ounce of prevention precludes a slew of litigation.
The Court of Appeal (CoA) reviewed a criminal conviction and the correlated fines in a health and safety breach case ...
Ambiguous signs can result in a right of way being created
The issue in this appeal is whether the owner of a house on a private road has acquired a right ...
A venture can result in a partnership by conduct
The Court of Appeal (CoA) upheld the High Court judgement that profit-sharing is not a prerequisite for a partnership. The ...
Paddocks are not part of the grounds of the dwelling
The Upper Tribunal (UT) confirmed that a paddock acquired as part of the purchase of a dwelling did not constitute ...
Profit-sharing agreements: Be aware of their terms!
The Court of Appeal (CoA) was asked to consider whether the High Court was wrong to have concluded that a ...
Transfer of property without knowledge
This case focuses on allegations of undue influence in signing a declaration of trust, forgery in buying a property, and ...
Sell-side deal fees are not deductible
The Supreme Court upheld the Court of Appeal’s (CoA) decision clarifying that fees incurred after the decision to sell a ...
Is a floating caravan still a mobile home?
The Court of Appeal (CoA) was faced with the question as to whether a caravan stationed on a pontoon structure ...
Can you patent an AI invention?
The Court of Appeal (CoA) overturned the first instance decision and held that an AI invention cannot be patented as ...
Collateral warranties are not construction contracts.
The Supreme Court has handed down an important decision which effectively restated that Section 104(1) of the Housing Grants, Construction ...
Ensure the appointed representative agreement’s terms are clear to avoid liability.
The Court of Appeal (CoA) was faced with a case dealing with the liability of a principal for the acts ...
Can you use proprietary estoppel to enforce an oral agreement?
The High Court confirmed that proprietary estoppel is not available to enforce the terms of an ineffective oral agreement. Background: ...
Can a director claim a debt from their company?
The High Court clarified the position regarding advances made by a director on behalf of a company and whether they ...
Code rights and Part II of the Landlord and Tenant Act 1954 rights are mutually exclusive.
Gravesham Borough Council opposed the renewal of a telecommunication site lease which had been granted to the predecessor of On ...
Negative Trustpilot reviews do not constitute libel.
The High Court dismissed a law firm’s libel claim over defamatory online reviews as the firm failed to show how ...
Five key issues to ensure your IT contracts are robust and secure
Owning and managing a business in the 21st century usually involves a significant degree of reliance on information technology, almost ...
High street rental auctions – a guide for landlords
The Levelling Up and Regeneration Act 2023 will give local authorities new powers to hold rental auctions of empty high ...
Downstream greenhouse gas emissions must be considered when granting planning permission
The Supreme Court handed down a groundbreaking judgement which establishes that scope 3 emissions should also be assessed. Background: The ...
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 ...
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 ...
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 ...
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 ...
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 ...
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 ...
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 ...
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 ...
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’ ...
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 ...
You cannot use an intra-group loan to obtain a tax advantage
The Court of Appeal (CoA) agreed with the HMRC that, where an intra-group loan results in an overall tax benefit ...
Distances for a crematorium are not measured from open areas within the crematorium grounds.
Facts: Following a local inquiry, a planning inspector appointed by the Secretary of State for Levelling Up, Housing and Communities, ...
Are directors or senior executive employees liable if a company commits a civil wrong?
Facts: Mr Kashif Ahmed and his sister, Ms Bushra Ahmed, were directors of Hornby Street Ltd, a company which arranged ...