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 million each for wrongful trading. Background: The
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 appeal was against the order of the High Court
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 against them becoming “a technical minefield
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 Act 1954, as the landlord obtained an order terminating the
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’ and professional trustees’ duties is deemed to be
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 ruled that landowners are not automatically liable for
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 to a group, then the unallowable purpose rule may need to be
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, Horizon was allowed to appeal the refusal by
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 for the manufacture of clothing, footwear and headgear and
No, a landlord is not responsible for the negligence of independent contractors
Facts: Lowndes is the management company that held a head lease on the block of flats and provided landlord services. The individual flats were all let on long sub-leases. The