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Back to Back contract dispute and what to consider
Posted: 24th July 2019
Back-to-back contracts are common in the construction industry and can be the source of tension on site and as a project progresses. A dispute between the main contractor and the employer will have a knock on impact on the relationship between the main contractor and the subcontractor. Claims often relate to defects, performance failures and […]
Are more cases going to Arbitration?
Posted: 10th July 2019
Yes, it seems so. Recently the International Chamber of Commerce (“ICC”) released its statistics on Arbitration cases for the past 12 months. The results showed that in 2018, 842 new cases were registered with the ICC, involving 2282 parties from 135 countries and territories. The increase in the number of parties seeking Arbitration reflects the […]
Do you have a dispute that’s going to arbitration? Here’s some information to help
Posted: 1st July 2019
Whilst many people have an understanding of the court process, arbitration is less well understood outside of certain sectors. Here’s an outline of some of the key facts. What law applies to an arbitration? The Arbitration Act 1996 applies to all arbitration that falls under the jurisdiction of England and Wales or Northern Ireland. Are […]
Director Disqualification – the additional consequences
Posted: 19th June 2019
There are statistics that state that 1 in 20 Directors of companies that went into liquidation, administration or receivership were later disqualified from acting as a Director. The consequences of the disqualification extends further than just the role of Director. The prohibitions also include acting as one of the following:- * Money Advisor * Financial […]
Challenging a Will prior to the testator’s death
Posted: 13th June 2019
There have been many reported disputes relating to the inheritance of family farms. Such cases explore a legal doctrine that in itself offers little explanation in its own description: Proprietary Estoppel. Not every day terminology and yet the concept of relying upon a promise and suffering a detriment when it is broken is readily understandable […]
Breach of Warranty in a Share Purchase Agreement
Posted: 10th June 2019
The prospect of a new venture and becoming the owner of shares in a business is an exciting time for anyone in business whether new to acquisitions or an old hand at it. Getting the deal done may sometimes come at a cost and relying upon warranties provided can be necessary when a company does […]
‘Too many cooks…’ – Director and Shareholder Disputes
Posted: 6th June 2019
Family owned businesses can suffer with shareholder disputes just like any other. In the case of Waldron & Others v Waldron & Another, the High Court considered the issues surrounding the conduct of a Managing Director of a family owned company and whether his Shareholder siblings had been unfairly prejudiced. Multiple shareholders in dispute The […]
Could it be farewell to unfair letting fees?
Posted: 4th June 2019
The Tenant Fees Act 2019 – Limiting payments charged by residential landlords and letting agents From 1 June 2019, restrictions will come into force limiting the fees that tenants can be charged by residential landlords and letting agents. These limitations will apply following the introduction of the Tenant Fees Act 2019 (“the Act”) which will […]
MacDonald had a farm….that was split six ways
Posted: 3rd June 2019
The case of MacDonald v Rose [2019] EWCA Civ 4 brought to the forefront the key elements of the doctrine of proprietary estoppel. The case lends itself to being memorable in the future by many law students as it relates to Mr Macdonald and a farm. A contested Will and a family feud Mr MacDonald […]
Is a Director personally liable?
Posted: 30th May 2019
For the majority of law-abiding Directors the issue of personal liability for their actions and decisions taken on behalf of a company rarely crops up. However, in the recent case of Antuzis & Ors v DJ Houghton Catching Services Limited & ORS [2019] [EWHC 843] [QB] this general rule has been shown to change significantly […]
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