Commercial Client Articles

Court outlines what constitutes a business partnership in law

The High Court has outlined what constitutes a business partnership in law following a dispute between a couple who ran a business together. The case involved Ms Burnett and Mr Barker. Barker had set up a business as a sole trader offering fire safety...

Stylist created goodwill and so didn't breach legal duties

The High Court has ruled that a hair stylist had personally created the goodwill in her business and so had not breached her director's duties when she carried out her work through another company. The court heart that the director had been a highly...

Court outlines limits on right to manage company's responsibilities

The Supreme Court has outlined the limits that should be placed on a right to manage company (RTM) of a block of flats that formed part of a large estate containing several other blocks. The case involved FirstPort Property Services Ltd v Settlers Court RTM...

The Building Safety Bill

The Government has published the Building Safety Bill which is said to make the biggest improvements to building safety in many decades.  The Bill proposes to introduce new obligations on those owning or managing multi-residential buildings.  The...

Commercial Rent (Coronavirus) Bill introduced into Parliament

The Commercial Rent (Coronavirus) Bill was introduced in Parliament on 9 November 2021, along with a new Code of practice for commercial property relationships following the COVID-19 pandemic. Subject to parliamentary approval, the government hopes to...

Engineers can't use 'overarching contract' defence to limit liability

A firm of engineers have been told they cannot use an ‘overarching contract’ defence to limit their liability for deficient work in a dispute with a homeowner. The issue arose after the homeowner, Mr Elton, hired Buxton Associates (Consulting...

Accountants can't be held liable for client's failed investment

The High Court has rejected a claim that a firm of accountants failed in their duty of care and should be held liable for a client’s failed investment. The client, Mr Knights, sought damages from Townsend Harrison Ltd for losses he suffered after the...

Construction firm awarded £40k in three-in-one payment claim

A construction firm has won its claim for the payment of three outstanding invoices despite the customer arguing that the three payments could not be treated as one single case. The issue arose after Creagh Concrete Products Ltd entered into an oral...

Directors didn't breach duties when paying themselves £1.2m

Two directors did not breach their legal duties when they paid themselves a total of £1.2m from their failing company. That was the decision of the High Court in a case involving, Brookmann Home Ltd (In Liquidation). The company had been formed as a...

Court tells Marks & Spencer to trade properly in lease dispute

Marks & Spencer has been told to trade in good faith, and not to carry on business half-heartedly, following a dispute with a landlord over the terms of the lease on one of its stores. The court heard that Marks leased a unit within a shopping mall from...
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