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The Use of the Sham Licence

September 15, 2017 | Dispute Resolution

Residential tenants under assured tenancies and assured shorthold tenancies (the normal type) have a degree of security of tenure and protection from eviction.  They also have the comfort of knowing that their deposits are protected under statutory schemes. Tenancies are one thing; licences are another.  There are relatively few situations nowadays where a   licence will(Read more)

A Cautionary Tale

June 27, 2017 | Dispute Resolution

Vanden Recycling Ltd v Bevin Tumulty and others [2017] EWCA Civ 354 (17 May 2017) The claimants, a plastics recycling company, found out that one of their employees was involved in skulduggery.  In essence, she secretly conspired with two rival companies to divert business from her employers. The beneficiaries were to be two other companies,(Read more)

Minicab Matters

May 19, 2017 | Dispute Resolution

Michael and others v Phillips and others [2017] EWHC 1084 (QB) is a recently reported case involving skulduggery within the Romford Minicab community.  The parties were involved in a sale and purchase of a minicab business.  All went sour and the claimants brought several claims, largely based in breach of contract, against the defendants. One(Read more)

Is HMRC Taking a Tougher Approach?

May 03, 2017 | Dispute Resolution

Recent figures show that HM Revenue & Customs fined nearly 8,000 more people for deliberate errors on their tax return in the 2015/16 fiscal year. Data under the Freedom of Information shows that there was a rise of almost forty percent in the number of people fined by the taxman for deliberately understating income on(Read more)

Part time workers and sex discrimination; employment law

Part Time Workers and Sex Discrimination

March 10, 2017 | Dispute Resolution

It is not possible to explain the workings of sex discrimination legislation in a short note/blog.  But there is one aspect of a recent decision of the Employment Appeal Tribunal that is worth noting. In this case there was a female engineer who was employed on a full time contract.  She then, at her request(Read more)

Consequences of Dishonesty

February 28, 2017 | Dispute Resolution

A dishonest solicitor (it happens) was convicted of appropriating client funds.  He was sentenced to 4 years in prison. Under the Proceeds of Crime Act 2002 confiscation orders can be made to recoup financial losses.  In this case, the solicitor and his wife were married in 1988.  She had provided the substantial amount of the(Read more)

Implied Contractual Terms

February 02, 2017 | Dispute Resolution

An argument that is often raised in a dispute over a contract is that the contractual documentation does not fully represent the agreement between the parties.  The party who claims to be affected will then argue for the existence of an implied term.  If the claimant succeeds, the consequences may be substantial. Judges are slow(Read more)

Warranties and Representations in the Context of Purchasing a Business

October 28, 2016 | Dispute Resolution

When acting for either a seller or buyer of a business under a share purchase agreement it is imperative for the lawyer acting to be aware of the distinction between a warranty and a misrepresentation. A warranty is a term of the contract that a state of affairs exists which if then breached by the(Read more)

Online Business and Consumer Sales

September 15, 2016 | Dispute Resolution

If you are involved in a business which sells online to either business or consumer customers (or, indeed, both) then you do need to make sure that you have relevant terms and conditions of trading to take into effect the Consumer Rights Act 2015 as well as the general statute law on sales of goods(Read more)

Court of Appeal Allows Creditor of Beneficiary of an Estate to Bring Probate Claim

August 31, 2016 | Dispute Resolution, Private Client

In Randall v Randall [2016] EWCA Civ 494 (Randall) the Court of Appeal overturned a 2014 High Court decision and ruled that a creditor of a beneficiary had an interest in the estate that gave him sufficient standing to challenge the validity of a will. Part 57 of the Civil Procedure Rules deals with contentious(Read more)