During the life of a Court dispute, it is often the case that parties will be asked to grant an extension or will be seeking an extension of time to take a particular step. What should you do?
The basic position is that for claims which have been allocated to the Small Claims Track, usually with a monetary value of less than £10,000, the Court will not order a party to pay fees or expenses to the other party, subject to certain exceptions.
One of those exceptions is if the Court thinks a party has behaved unreasonably.
Landlords and Tenants should take heed of the importance of complying with the legal requirements centring around the protection of tenancy deposits.
As most Landlords will be aware, any deposit paid in connection with an Assured Short-hold Tenancy since 6th April 2007 must be registered with an authorised Tenancy Deposit Scheme. The Tenant must be provided with prescribed information within 30 days of receipt of the deposit. Landlords are required to register the deposit within 30 days of receipt.
Each year, thousands of Brits are cold called or approached in the street to be hailed as “competition” winners or presented with offers of “free holidays”. The catch being you have to attend a presentation in order to claim your “prize”.
The presentation is a high pressure sales pitch which can last several hours with many people finding it difficult to leave without signing up for a Timeshare, a decision they often later live to regret.
On 1st October 2017, a Pre-Action Protocol (PAP) for debt recovery claims will come into force.
The PAP applies to any business, including sole traders and public bodies, claiming payment of a debt from an individual, including a sole trader.
It is commonplace for a legal professional to request proof of identification from their client at the beginning of any legal transaction. For a conveyancer, verifying their client’s identity is a particularly heavy burden to bear. Not only does a conveyancer owe a duty of care to their client, but also to their client’s lender…
As part of the requirements of the Small Business, Enterprise and Employment Act 2015, from 6 April 2016, most companies and limited liability partnerships (LLPs) will be required to keep and maintain a register of persons with significant control (PSC Register). Helping to combat tax evasion, money laundering, and terrorist financing, the new obligations will…
The importance of a thriving tenanted land sector was highlighted at the NFU Tenants’ Conference last week. Speaking at the event, NFU President Peter Kendall called for all parties involved in tenant farming to consider long-term sustainable business models to ensure a successful, flexible and profitable farm business.
The cost of farmland hit a record high during the first half of 2013, with further increases likely in the next 12 months according to the latest Royal Institution of Chartered Surveyors (RICS) rural land market survey.
With all eyes on London for the recent Olympics, the high profile failure of G4S to deliver the service agreed for its eye-watering £284 million contract highlighted the issues that can arise when a supplier falls short.
Amid the constant complaining about the ‘wash out’ summer, there are those who have suffered more than just a battered umbrella and are feeling the financial effects of the rain. This summer’s weather has burdened some businesses, particularly those in the travel and tourism industry, for whom the effects have been far-reaching. The incessant rain…
Where two or more people are involved in a group with a common interest or purpose, it can be defined as an unincorporated association. Examples are sports clubs, community groups or educational groups. A recent case involved a Shropshire Village Hall that had been the centre of the community for over 80 years. The Hall…
On 22 June 2010, as expected, the new Chancellor George Osborne had the unenviable job of telling us spending would be slashed and taxes would rise as he announced the new coalition Government’s emergency budget. Firstly the bad news and then the not so bad news, that should be of particular interest to SMEs (small/medium…
When putting in place or reviewing shareholder arrangements (i.e. shareholder agreements and/or new articles of association) for private companies, the possibility of the death of a shareholder should be specifically considered. Pre-emption rights The constitution of a private company often contains restrictions on the transfer of shares. Usually a shareholder will not be able to…
Under the new Companies Act 2006 (section 193), which came into force on 1 October 2007, the rules governing transactions between a company and it’s director/directors have slightly altered. Approval of shareholders by a simple majority is required when the company and a director are involved in a transaction where the asset in question exceeds…
“Deadlock” is a situation where shareholders have an irreconcilable conflict; where neither shareholder has a majority (usually each holding 50% of the shares in a company) and a conflict arises over the management of the business. In order to resolve such situations, a procedure (or deadlock clause) can be set out in the shareholders agreement.…
Duty to act within powers A director of a company must act in accordance with the company’s constitution, and only exercise powers for the purposes for which they are conferred. For this purpose, the company’s constitution includes not only its articles of association, but also any decisions taken in accordance with the company’s articles, or…
There comes a stage in the development of every owner managed company when more capital is required for expansion, development of a new product, the push into a new market or, quite simply, survival. The owner manager will usually look to the normal routes of obtaining finance at such a time. His first call may…
Companies who are late filing accounts at Companies House are now to receive increased financial penalties courtesy of the implementation of section 453 of the Companies Act 2006. All penalties have been increased to take into account inflation between 1992 and 2007. Furthermore, a faster rate of increase in penalties has been introduced for companies…
General rule All loans and quasi loans by a private company to a director need to be approved by shareholder resolution, but there are certain loans which shareholders don’t need to approve listed below. Quasi-loans are those where a director uses company’s credit facility for his or her own benefit. Provisions on directors loans to…
