In a case which underlines the need for both full and accurate disclosure of potential liabilities when selling a business, a lawyer who failed to reveal the existence of a potentially substantial negligence claim against his firm before disposing of it will receive a lesser sum for its sale, following a High Court ruling. The…
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Normally, when a building dispute arises that leads to an adjudicator making an award in favour of one party, the award is simply paid to the other party and that is that. However, sometimes things are more complicated. Recently, a company went to the High Court arguing that it should not have to pay an…
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Professional landlords are well aware of the complexities they can face when giving notice to tenants that they require possession of the let premises. Because of the rather tortuous provisions of the Housing Act 1988 with regard to the giving of notice, numerous court rulings have been made that a landlord’s notice to a tenant…
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Not every breach of contract will be treated as ‘repudiatory’ – the legal term for a breach in which one side has refused to perform its side of the contract. Recently, the High Court ruled that one party’s refusal to pay an arbitrator’s fees in advance did not ‘go to the root’ of the parties’…
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When a company enters administration, the expenses it has incurred prior to the administration have a different status from the expenses incurred by the administrators. These latter expenses are in effect preferential to the former. This is important for landlords because it is now common for companies with leased premises to have large liabilities for…
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