Commercial Client Articles

Tribunal warns against culture of hyper-sensitivity in the workplace

The Employment Tribunal has warned against encouraging a ‘culture of hyper-sensitivity’ in the workplace. The comments came as the tribunal rejected a female employee’s claim of age and sex discrimination after she was overlooked for...

Court upholds adjudicator's award to honour contract

The High Court has upheld an adjudication award made to a construction firm following a contract dispute involving allegations of defective work. The case involved Davis Construction (South East) Ltd v Sanzen Investments Ltd. Davis had been engaged by...

Father granted access to business records in family dispute

A father has been granted access to information concerning the family businesses of which he was a director. The issue arose because he was in dispute with his son and daughter-in-law, who were also directors. The family business comprised of companies...

Landlord wins dispute over service charges in commercial building

A landlord has won a dispute over service charges in a commercial building because the onus was on the tenant to prove they were unfair, and it had failed to do so. The case involved Criterion Buildings Ltd and Mckinsey & Co. Criterion was the landlord...

Lidl ordered to stop selling brand of gin following trademark claim

The discount supermarket chain Lidl has been ordered to stop selling its Hampstead gin brand due to a trademark dispute. The issue arose after the chain started selling the gin in a dark brown/black and opaque, apothecary style bottle bearing a diamond...

Directors breached their duties when setting up their pensions

The High Court has ruled that two directors breached their legal duties when they used company property to fund their pensions. The case involved a company that had been incorporated in 1998 to take over a volunteer-run project that renovated and resold...

Interior designers win dispute over hotel 'five-star finish'

A firm of interior designers have won a contract dispute over unpaid invoices for their work refurbishing a hotel requiring a “luxurious 5-star feel”. The case involved Phoenix Interior Design Ltd v Henley Homes plc. Henley engaged Phoenix to...

Court corrects 'irrational' clause leading to huge rent increases

The Court of Appeal has ruled that an ‘irrational’ clause in a lease that led to exponential growth in rent increases was an error and should be corrected. The case involved Monsolar IQ Ltd and Woden Park Ltd. Monsolar agreed a 25.5-year lease...

Protection against evictions and winding-up petitions extended

The government is extending protection against evictions and winding-up petitions for businesses that are still struggling because of Covid-19. Legislation will be introduced to ringfence outstanding unpaid rent that has built up when a business has had to...

Finance consultants entitled to their €855,000 commission

A finance consultancy was entitled to €855,000 commission for its part in acquiring investment money for a large property development. That was the decision of the Court of Appeal in a case involving EMFC Loan Syndications and The Resort Group. The...
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