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Warranty claims notification clauses are a standard feature of a share purchase agreement (SPA). They require that written notice of a warranty claim must be given within a specified deadline, and they also normally require that any claim must be commenced within a specified time from the date of any notice of claim. Their purpose is […]
When an estate is insolvent there are a number of different ways it can be dealt with and both creditors and beneficiaries may be affected (adversely or beneficially) depending on the approach that is taken. The deceased’s personal representative can wind up the estate (although this can be complex and not without risk), or a […]
Flexible working has been a hot topic since the start of the pandemic for obvious reasons. Yesterday, a consultation document released by the government revealed plans to introduce new laws which will give employees the right to request to work from home from the first day that they start work. The document also announced new […]
Buying the assets of an insolvent business from an administrator or liquidator may appear to offer a cost-effective way of acquiring a business. However, there are a number of issues that you should consider carefully before taking the plunge. Unlike a normal commercial purchase, when a business is insolvent, you will not receive any assurances […]
When unforeseen circumstances make it difficult or impossible for a business to fulfil its obligations under a contract, is there any way to avoid liability? We take a look at the two possible options, force majeure and frustration. With the widespread disruption caused by the pandemic, many businesses have found that, through no fault of […]
With tech now more vital than ever for most businesses, the failure of an IT service provider can be catastrophic. As businesses suffer from the knock-on effects of the pandemic and insolvencies look set to increase, it is important for businesses to protect themselves as far as possible in their commercial relationships. Protection for both […]
Housing Secretary Robert Jenrick has announced that leaseholders in England will be offered the chance to extend their lease by up to 990 years, with no ground rent payable. The reform will be welcomed by an estimated four and a half million people, some of whom are currently struggling with excessive ground rent payments. The […]
Bath Rugby Club has been told by the High Court that a restrictive covenant preventing development must be observed, even though it is not obvious exactly which land benefits. The case, Bath Rugby Ltd v Greenwood & Ors (pre-1926 restrictive covenants affecting land) [2020] EWCH 2662 (Ch), involved the proposed development of a new 18,000-seater stadium […]
In the summer of 2020, the government pushed through a new bill to relieve the burden on businesses during the coronavirus pandemic. The Corporate Insolvency and Governance Act 2020 (the Act) contains both temporary and permanent measures designed to help businesses survive difficulties. The permanent reforms are as follows: A moratorium from creditor action to […]
An Employment Appeal Tribunal case has examined what constitutes acceptance of a repudiatory breach of an employment contract in an unfair dismissal case. When a breach of contract is so serious that it is held that the contract has been terminated, this is referred to as a repudiatory breach. It is normally the case that […]
A recent employment law case has examined the time limit for bringing a whistleblowing detriment claim as well as imposing a penalty for failure to adhere to the Acas Code of Practice on Disciplinary and Grievance Procedures (‘the Acas Code’). Whistleblowing occurs when an employee reports wrongdoing by their employer that is in the public […]
A recent case has highlighted the importance of ensuring that any third party interests in land are entered into the Land Register. The case of Ghai, Ghai and Somal v Maymask (228) Ltd [2020] UKUT 293 (LC) found that even if receivers have been appointed, the sale of a property to a third party could be registered, […]
A recent High Court judgment has found that notifying third parties outside of England and Wales about the existence of a worldwide freezing order is not an abuse of process. Freezing orders are intended to stop a defendant from dealing with or disposing of assets in order to put them beyond the reach of any […]
