Archived Legal Articles from 2020

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Business Dispute Resolution


Limitation in Commercial Litigation


In light of the current COVID-19 pandemic and the nation going into a second lockdown, it can be easy to forget the time limits in which companies and individuals have to actually physically issue their claim at Court. Due to the current delays in claims being issued at court, it is more important than…

Extension to Insolvency Measures


The Corporate Insolvency and Governance Act 2020 (Coronavirus) (Extension of the Relevant Period) (No2) Regulations due to come into force on 31 December 2020, further extend the temporary prohibitions on winding up petitions based on statutory demands and the restrictions on winding up petitions and…

When vacant possession is not vacant possession


It is common practice for a commercial lease break clause to require that the tenant gives vacant possession. This usually means the tenant must remove their belongings/equipment and return the property to the landlord in the condition that it was let. But what happens if a tenant takes the phrase &…

Moratorium on forfeiture.. Further Extension


The Government announced this morning that the moratorium on commercial lease forfeiture, on the grounds of non-payment of rent, will be extended until 31st March 2021 and further confirmed that this will be the "final" extension. The Lease Forfeiture Moratorium currently prevents…

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Signed for Deliveries


Diriye v Bojaj [2020] EWCA Civ 1400 What happened in this case? The Claimant provided a document which was posted at 5.36pm on 4 April 2010 in an attempt to comply with an Unless Order requiring the documents to be served by 4pm on the 4 April 2010. The document was sent using Royal Mail…

Limitation in Commercial Litigation


In light of the current COVID-19 pandemic and the nation going into a second lockdown, it can be easy to forget the time limits in which companies and individuals have to actually physically issue their claim at Court. Due to the current delays in claims being issued at court, it is more important than…

New protections for renters - No enforcement until January


On 5th November, the Housing Secretary announced that Tenants will be protected during the current national restrictions with no bailiff enforcement action. This will likely run in to the "winter truce" which starts on the 11 December meaning enforcement will not take place over Christmas…

The dual possession procedure - Recommencing Possessions Part II


A new two-part possession procedure has been introduced by The Master of the Roles which is to ensure a smooth re-start to possession proceedings. What does this mean? A Review Hearing has been introduced, which will be followed on by the Substantive Hearing. These hearings have replaced the…

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FCA Test Case Update: Effects on the Manufacturer


The COVID-19 pandemic has presented the manufacturing industry with significant operational challenges, as some manufacturers and suppliers have had to close down or scale back operations in response to falling demand and as a result of Government restrictions. The manufacturing sector will most likely…

Extension to Insolvency Measures


The Government have recently announced an extension of insolvency measures under the Corporate Governance and Insolvency Act until the end of year. These measures include the prevention of statutory demands and winding up petitions until the end of year unless there are specific circumstances.…

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Abuse of Process and Striking Out


Litigation can be uncertain, expensive and time consuming. However, the Courts have a wide range of case management powers, the exercise of which may heavily depend on the actions taken by parties involved in the litigation. Care should be taken when embarking on Court action and it is important to…

Insurance Case Update: A Covid-Cloud Silver Lining for Policyholders


The High Court has last week handed down judgment in the case of The Financial Conduct Authority and Others [2020] EWHC 2448 (Comm). This was a test case brought by the Financial Conduct Authority against several insurance companies to clarify the scope and meaning of Business Interruption (BI)…

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Landlord's Remedies for non-payment of rent - 25 June 2020


Subject to Corporate Insolvency and Governance Bill 2019-21 ("CIGB") being passed unamended The CIGB introduces a moratorium which will provide a breathing space for eligible companies to allow them to enter into negotiations with creditors and will restrict filings for insolvency…

Arkin v Marshall 2020 EWCA Civ 620


On 26 March 2020, the Lord Chancellor and Master of the Rolls published the 117th Practice Direction update to the Civil Procedure Rules, which implemented Practice Direction 51Z. PD 51Z provided for the stay of possession proceedings due to COVID-19. Last month, the Court of Appeal confirmed the…

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New Regulations place further obligations on Private Landlords


Private landlords have certain obligations at the outset of a new tenancy to ensure that the property they are letting out meets certain safety requirements. Electrical safety checks have not formed part of these obligations until more recently, when the government announced the introduction of the…

Action for landlords


Landlords are increasingly feeling the pinch at the moment when it comes to property. Due to the current pandemic tenants are seeking deferments in rent or are simply opting not to pay at all. Whilst many are in the position where they genuinely cannot pay the rent some are simply using the…

How exposed are you...


Do you know what losses you are able to recover from the other side if they are in breach of contract? Do you know what losses you will be liable for if you are in breach of contract? Now more than ever you need to evaluate your existing contracts to see how exposed you are in terms of the…

Case Update - Clarity on the Electronic Communications Code


Vodafone Enterprise UK v Portsmouth Water Ltd (unreported) A recent unreported decision of the County Court has clarified the court's position in relation to the valuation to be used for the renewal of an existing electronic communications lease under the Landlord and Tenant Act 1954. The…

Corporate Insolvency and Governance Bill 2020


The government is seeking to provide support to companies that may be facing financial difficulties by introducing new measures designed to maximise chance of survival. The Bill will temporarily suspend parts of insolvency law and amend Company Law and other legislation to relax rules around company…

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Safe Return to Work for the Construction Sector - what does this look like?


Following the announcement made by Boris Johnson on Sunday, employers across the construction sector are being faced with the difficult task of determining what in practical terms a safe return to work looks like. The message is clear that construction should continue if it cannot be reasonably done…

Keeping the cogs of justice turning in the face of the pandemic


Recent Judicial Guidance and decisions from the Courts have made it clear that the cogs of justice are to continue turning and that hearings and trials are to continue wherever possible. This article will look at:: · Judicial Guidance; · Legislation; and · How this is…

Security for Costs and COVID-19: When does it apply and how do I obtain it?


Due to the current pandemic, we have noted an increase of instructions whereby businesses have been looking at alternative ways to boost their liquidity and as such, many businesses have been turning to litigation in an attempt to recover historic debts. Defendants to such claims should…

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Energy Performance Certificates - COVID-19 Guidance


The Government has issued new guidance on the requirements for Energy Performance Certificates (EPC) in property transactions. In all domestic and commercial property transactions, the seller is required to provide an EPC for the purchaser to review. The Certificate is to be prepared, following an…

Restrictive Covenants-freeing up the restrictions


The Upper Tribunal recently considered an Application to modify a restrictive covenant in Edgeware Road (2015) Ltd v Church Commissioners for England [2020] UKUP 104 (LC). Facts Edgeware Road (2015) Ltd (E) held a long lease over a multi floored premises on a large estate in London, and…

COVID-19: Protection from forfeiture in commercial tenancies


Following on from the COVID-19 update about residential tenancies, the Coronavirus Act 2020 ("the Act") introduced on 25 March 2020 has also provided protections for commercial tenants in order to ease the burden this pandemic will have on businesses. Section 82 of the Act provides…

COVID-19: Coronavirus Act 2020 and protection from eviction


The current COVID-19 (coronavirus) pandemic has brought with it an air of uncertainty surrounding job security and the ability to make rental payments in this period. The introduction of the Coronavirus Act 2020 ("the Act") on 25 March 2020, has put some minds at ease and provided protections…

COVID-19: Emergency changes to insolvency law


Last week, the Business Secretary announced temporary changes to insolvency law in order to protect businesses from the effects of the current COVID-19 (coronavirus) pandemic. The impending legislation will introduce a new moratorium for businesses and will suspend wrongful trading laws for the duration…

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COVID-19 and the Justice System


The present circumstances On 18 March 2020, the Lord Chancellor affirmed that "the rule of law is vital to a functioning democracy and even at times like these, it is essential that our independent courts are able to administer justice." Whilst many public places have either been…

Businesses Must Prioritise Credit Control


Bad cashflow remains the key risks to businesses. The Insolvency Service has recently reported that in 2019, underlying company insolvencies have escalated to their highest annual level since 2013. This increase has been driven by an increase in Administrations and Creditors' Voluntary…

Pease v Carter and others 2020 EWCA Civ 175


So what happens if you serve or receive a possession notice that has an error in it. Does it deem the notice invalid? Or is the recipient expected to reasonably interpret the intended meaning, if it is relatively clear? This recent Court of Appeal case has re-enforced former case law and confirmed…

Coronavirus and Contracts


Coronavirus and Contracts Many of our manufacturing clients have suppliers in China or Italy and with the enforced lockdown in those areas due to Covid - 19 there is likely to be an impact more locally regardless of the effects of the virus here. Once the medical emergency is over there is likely…

Nosey neighbours - a legal nuisance?


Fearn and others v The Board of Trustees of the Tate Gallery [2020] EWCA Civ 104. " Overwhelming weight of judicial authority…is that mere overlooking is not capable of giving rise to a cause of action in private nuisance " so say the Court of Appeal. What are the facts of the…

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Breach of Directors Duties: An Overview of Derivative Claims


Many people when setting up a company, do not realise that they are under certain obligations as to how to behave and act in relation to the management of private limited company. Furthermore, if a director has been found to be acting against the shareholders and/or the company, under certain…

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PART 2: Delays - the Importance of Record-Keeping


In Part 1 of our Construction Disputes series, we identified that delay and quality issues are often the biggest problems for construction projects and the cause of most disputes. Delay may increase both the time for performance of the contract and the cost of performance for both the Employer, the…

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