Archived Legal Articles from 2021

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Business Dispute Resolution


Breach of Restrictive Covenants


Every business will have information that it considers to be critical to its operations and success. For those in manufacturing this information is more delicate than other industries, as a key part of growth is core customers and supplier details. The business will want to prevent this…

Guide to Commercial Litigation


Disputes between businesses do sometimes arise and if all attempts to come to an agreement or compromise are unsuccessful, commercial litigation may be something that you wish to proceed with. This can be a complex area of law, and strict protocols must be followed, so this guide aims to outline the key…

Defamation: Publication and Defence of Privilege


One of the key elements of defamation is the publication of statements complained of. However, depending on the nature, extent and the audience of such a publication may pose problems for a claimant to bring a claim for defamation. Continuing on from the recent article in relation to the statutory…

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Mediation: What is it and what are the benefits?


What is mediation? Mediation is a highly effective form of Alternative Dispute Resolution (ADR) during which parties involved in litigation or other disputes can negotiate with each other with the assistance of an independent mediator. The aim of a mediation is to reach a binding legal…

How to be prepared for the age old problem of supply and demand


A significant number of EU workers from the UK have left the construction industry leading to those in the industry facing a substantial shortage of workers in some specialist trades. In addition to this, more than 500,000 UK-born construction workers are expected to retire in the next 10 to 15 years…

Statutory Defences to Defamation


Due to the evolution of the Court system and the increase of internet resources, Court documents and information are generally more accessible to individuals who may wish to make a claim. It is therefore easier for a person who feels that they have been wronged to make a civil claim against those they…

Mandatory Grounds for Possession


Part 4 of our grounds for possession series considers ground 4 - Lets to students by educational institutions. What is the Ground 4 - Let to students by educational institutions? This ground allows educational establishments- such as universities- who let out properties to students, to be able…

Mandatory Grounds for Possession


What is the Ground 3 - Out of Season holiday let? The purpose of having this ground is for landlords who switch between genuine holiday lets and standard residential let's, although you need to bear in mind that the residential let should be for no more than 8 months long. If you have a…

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Deposits in flatshares- the Court's approach


The Courts have recently reached a decision in relation to deposits taken in flat share situations where tenants change over time, but no additional deposits are paid to the landlord. Sturgiss & Gupta v Boddy & Ors- facts The landlord, Mr Boddy, rented out a property in 2004 to 4…

Mandatory Grounds for Possession


Over the course of the next few weeks, we will be looking at the grounds on which a residential landlord can rely on to take possession of their property back. Where do the grounds come from? There are 2 types of possession: via s8 of the Housing Act 1988 and via s21 of the Housing Act 1988.…

Possession Hearings


You've issued possession proceedings and have received a possession hearing date. Now what? What should you expect? The possession hearing is listed for a short period of time, usually around 15 minutes if the tenant has not raised any defences. As the claimant, the landlord will be expected…

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Review Hearings in Possession Claims


What is a Review Hearing? The review hearing is a new stage in the eviction process. After proceedings have been issued, the Court will schedule a review hearing. The purpose of this is to give the Court the opportunity to make sure the paperwork is in order and to offer the tenant an opportunity…

Businesses beware - the importance of a written contract


One of the biggest misconceptions is that just because you do not have a document in writing means you do not have a contract. A contract does not have to be in writing. A contract simply requires: · an offer; · acceptance; · consideration (such as payment); &…

Landlord's Remedies for non-payment of rent - July 2021


We are expecting legislation to introduce Arbitration for Landlords and Tenants and for the ring fencing of 'COVID' arrears. 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…

Practice Direction 57AC - Trial Witness Statements and Admissibility


The new Practice Direction 57AC (" the PD ") came into force earlier this year in the Business and Property Courts. It applies to any trial witness statements signed on or after 6 April 2021, whether the proceedings are new or existing. The PD requires trial witness statements to…

Break condition requiring vacant possession


Capitol Park Leeds plc v Global Radio Services Ltd [2021] EWCA Civ 995 (5 July 2021) Background This case concerned a three-storey modern commercial unit. It had been leased on 4 March 2002 for a term expiring on 11 November 2025. Clause 10 of the Lease was a tenant's break clause.…

Ending Tenancy Notice Periods


The most common question asked by landlords at the moment is "what's the notice period again?" Covid-19 and wreaked havoc on landlords and tenants of residential properties- not to mention keeping property litigation Solicitors on their toes with the frequent, and often last minute,…

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Word of Mouth: The Law on Defamation


In the 21st century, with the advent of social media, it is now easier than ever for people to publicise their thoughts, feelings and opinions and make them largely available to the public. However, publicising thoughts or opinions may have disastrous consequences and may result in someone bringing…

Good Landlord Guide Part 2 - Gas Safety


What are the responsibilities of a landlord? A landlord is legally responsible for the safety of the tenant. The landlord is responsible for:- · Repairing and maintaining gas pipework, flues and appliances · Ensuring that an annual gas safety check is carried out on…

The ban on evicting commercial tenants to be extended


The ban on evicting commercial tenants was due to be lifted on 30th June 2021, however the government announced on 16th June 2021 that this will be extended to 25th March 2022 to help those worst affected by the pandemic and who are still suffering due to ongoing restrictions. The government is…

Good Landlord Guide Part 3 - Electricity


What are the responsibilities of a landlord? Landlords must make sure that their properties are safe. Landlords are required to have electrical installations inspected and tested by a qualified person. Landlords must obtain an Electrical Installation Condition Report (EICR). This is provided…

School Uniform Policies - How to Avoid a Dispute


Disputes over school uniform policies and the enforcement of them are common, controversial and usually gain unwanted publicity. It is therefore important for a school to know what legal considerations it must take into account when formulating their uniform policies and also how best to resolve a…

Lifting of Winding Up Petition Restrictions


Whilst the next stage of restrictions has been extended to get the country out of lockdown, the current moratorium in respect of winding up petitions against companies is still due to end on 30 June 2021. Since the moratorium came into effect in 2020 there has been significant restrictions in…

County Court Judgments


The Prime Minister's finances have been the subject of public focus surrounding the recent local Government elections. However, the most recent headlines have been focusing on a County Court Judgment in the Prime Minister's name in relation to a defamation case which was brought against him by a…

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Misrepresentation: What is it and what remedies are available?


As a result of the global pandemic, a significant number of UK companies have had no option but to substantially reduce their operations or completely cease trading and close their doors. Whilst certain companies have managed to continue to operate throughout the last year, Covid-19 has resulted in a…

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Extension number... we've lost count


The Government has announced yet another extension on the ban on evictions for both residential and commercial properties. Residential Property On 10 March 2021, the moratorium on residential evictions which had been due to end on 31 March 2021, was extended until at least 31st May 2021.…

Business Interruption Claims & Covid-19 - What Next?


Following months of uncertainty for policy holders, on 15 January 2021, the Supreme Court handed down its judgment in FCA v Arch Insurance (UK) Ltd and others [2021] UKSC 1 , an appeal from the High Court judgment in FCA v Arch Insurance (UK) Ltd and others [2020] EWHC 2448 (Comm) . The High…

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Housing Possession Mediation Pilot Scheme


The government has launched an independent Housing Mediation Pilot Scheme. This is on behalf of the Ministry of Justice (MOJ) and will be funded by the Government. The service is in response to COVID 19 and will be a service to run along side all possession claims as they progress though the Court…

Restrictions on residential evictions to continue until 31 March 2021


On the 14 February 2021, the Housing Secretary, Robert Jenrick, announced that the current restrictions on residential evictions would continue until the 31 March 2021. This means a writ or warrant of possession cannot be executed for certain scenarios including anti-social behaviour, domestic abuse…

National Apprenticeship Week


National Apprenticeship Week began on 8 February. This year's theme is 'Build The Future.' With 20 years of experience in progressing employees through apprenticeships, Forbes Solicitors has helped build futures and this year has been no different and has been as successful, despite the…

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Property Possession - Frequently Asked Questions


Covid-19 has had a significant impact on Landlords and their ability to re-gain possession of their properties. Extensions to notice periods, stay on proceedings, a winter truce, have all played their part. Where are we now? What can a Landlord do? Here are some FAQs to help you on your way to re-…

Winter Truce Extended


With the recent announcement of Lockdown Part 3, the Housing Secretary, Robert Jenrick, has announced that the so called "winter truce" will be extended to the 21 February 2021. This means that the restrictions on executing a writ or warrant of execution or restitution, or delivering a notice…

Maintain quality of education to avoid Ofsted scrutiny


Last week, the education secretary Gavin Williamson stated that schools in England must continue to provide children with high-quality teaching despite the recent lockdown and school closures. The bulk of this education provision will need to be delivered by a mixture of remote teaching and in-person…

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