Legal Articles

nepal282
 

Is your tenant in financial difficulty?

Mairead McErlean looks at some of the issues which a commercial landlord shoud consider it it believes a commercial tenant is in financial difficulty; including forfeiture and distress.

view more
 

Can a director be liable for the debts of a company?

Richard Millard provides a reminder to directors that they are under certain duties to the company and to creditors and that if they are in breach of those duties they might find themselves personally liable where they have allowed the company to continue to trade when they knew or ought to have known that the company is insolvent.

view more
 

Construction Act changes finally come into force

Richard Millard has been looking at the long awaited changes to the Construction Act which came into force from the 1 October and in the first of two articles he looks at the very important changes to Payment Mechanisms and the rquirement to have a contract in writing. A second article will look at the changes made to the adjudication process.

view more
 

Construction Act Changes: Adjudication

On the 1 October 2011 the long awaited changes to the Construction Act came into force. Richard Millard, our head of construction, has been looking at the main changes the Act is introducing in two parts: the first one looked at the Contracts in Writing and the Payment Mechanism and this second part will look at the changes made to the adjudication process.

view more
 

The future of no win no fee legal funding

There has been considerable news coverage of proposed changes to the way that personal injury claims might be funded in the future. Anne Maguire looks at the current position, the proposed changes and what that might mean for the injured party wishing to make a claim.

view more
 

Illegal or Immoral use of Property

Richard Willis has guidance on what to do if a Landlord suspects that its tenant is using the premises for an illegal or immoral purpose and whether the Court’s attitude to what is illegal or immoral is changing to reflect modern society?

view more
 

Break Notices: a predicament for Landlords

Melissa Page explains that in the current financial climate, there is increasing pressure on landlords to ensure that tenants do not leave before the end of the fixed period in order to protect their returns and avoid soaring vacancy rates.

view more
 

Cosmetic Surgery Negligence

With the increase in cosmetic surgery procedures there has also been an increase in the number of ‘botched’ procedures taking place, arising from negligence on the part of the surgeons and medical staff. Doctors and nurses working in the private sector still owe the same duty of care to their patients as those working within the NHS. Anne Maguire looks at the protection offered to people who have cosmetic surgery.

view more
 

Service Charges in Commercial Property

Melissa Page looks at the second edition of the RICS Code of Practice for service charges in commercial property which encourages improved relations between commercial property owners and their tenants when it comes to service charges.

view more
 

Dental Negligence

Anne Maguire, the head of our personal injury claims department, looks at the dentistry industry and the growing awareness that where a personal injury is suffered patients might be entitled to claim compensation.

view more
 

Property Fraud in the UK

Emma Sidney form our Property team explains that property title fraud relates to the fraudulent use of someone’s property details to get a mortgage and looks at how to protect yourself against such a fraud.

view more
 

Health and Safety Update August 2011

Jim McGarrity looks at some recent developments in Health & Safety law including the second company charged under the Corporate Manslaugher legislation, the latest statistics released by the HSE on deaths at work and a £1 million fine to Shell.

view more
 

Corporate Acquisitions - think outside the box and you could scoop up a bargain

If you have your eye on acquiring another company there’s no doubt that this is a good time to buy and that there are bargains to be had as the economy slowly recovers. The problem for many is putting the funding in place. But that doesn’t mean that only those with cash in hand can take advantage of the market. Troy Warner, Partner of our Business team at Geoffrey Leaver Solicitors says: “If people are willing and able to use a little imagination as to how they are going to finance an acquisi

view more
 

The Bribery Act 2010

Even if passing bundles of used notes in a plain brown envelope plays no part in your business model, the new Bribery Act is going to create new hoops that companies, however squeaky clean their dealings, are going to have to jump through if they do not wish to finish up in court. The Bribery Act has received royal assent and was expected to be enforced this April. It has been delayed but Troy Warner explains when it does happen companies will have to take a long hard look at how they go abou

view more
 

Does my company need a shareholders agreement?

Under U.K. law there is no requirement for a company to have any form of shareholders’ agreement and many will continue for years without one. However as Tim Roberts, Partner in our Business team at Geoffrey Leaver Solicitors, explains where a company has more than one shareholder it is strongly recommended that the parties do enter into an agreement to deal with certain key issues.

view more
 

The Trend for Single Joint Experts Not Favoured by Leading Judge

Head of Dispute Resolution Trevor Coward shares some interesting views expressed recently by a leading judge on the use of single joint experts and that they are not always in the best interests of effective litigation.

view more
 

Key Changes in 2010 and What to Expect for 2011?

Paula Stuart of our Employment team looks at the key changes in employment law over the last 12 months and the changes that all employers should be aware of that are likely to come in to effect during the next 12 months.

view more
 

A restriction preventing competition in a land contract may soon be unlawful

Claire Taylor looks at a significant change in property law coming into effect in April 2011 as clauses which currently restrict the use of a commercial property may be unlawful if they prevent, restrict or distort competition between competitors who are in the same market.

view more
 

Incorporation of terms of business into a contract

Solicitor Mairead McErlean looks at the case of Rooney and another v CSE Bournemouth Ltd [2010] in which the Court of Appeal recently considered whether the phrase “terms and conditions available on request” on a purchase order would be sufficient to incorporate terms and conditions which one of the contracting parties may not have even seen.

view more
 

What is the scope of a Quantity Surveyor's duty of care on interim certificates?

Richard Millard, a partner in our Construction and Commercial Dispute Resolution teams, looks at a recent decision of Dhamija v Sunningdale Joineries Limited which asked whether a Quantity Surveyor owes a duty of care to the client with regard to defective work on interim certificates for payment..

view more
 

Buying or renting a commercial property? You need a survey

Head of Commercial Property, Richard Willis, explains why tenants looking to enter into a new lease or assignment should have a survey carried out of the property to ensure they understand the potential cost of the obligations they are being asked to accept under the lease.

view more
 

Driving in Great Britain on a Foreign Licence

Alice Robertson-Glasgow looks at what the law is for people who want to drive in Great Britain on a foreign licence.

view more
 

Sportsmen and the Court of Appeal

Jim McGarrity looks back at a few cases where issues that have affected sportsmen have been considered by the Courts and a recent less publicised case on the the reasonableness of credit hire charges when England striker Darren Bent hired an Aston Martin DB9 while his Mercedes was being repaired.

view more
 

How much compensation for a ruined holiday?

Anne Maguire looks at a recent case in the Court of Appeal that gives helpful guidance to the measure of damages that might be awarded when a holiday is a ruined because it does not live up to the standard and expectation promised by the organiser.

view more
 

Retention of title of goods

Mairead McErlean of Geoffrey Leaver Solicitors LLP looks at retention of title clauses and how they can be used by suppliers of goods to give them some protection until payment for the goods is received.

view more
 

The Bribery Act 2010 - What do you need to do?

Mairead McErlean looks at what steps businesses should look at taking in the coming months to prepare for the Bribery Act coming into force in April 2011.

view more
 

Legal Services - Commoditised or Local Specialist Advice

Anne Maguire asks can supermarkets and insurance companies provide a service that is better than your local specialist personal injury lawyer?

view more
 

Planning for a successful exit from your business

Tim Roberts looks at the various issues that someone looking to exit their business needs to consider and sort out to make their business attractive to prospective buyers and maximise the value of the business.

view more
 

Changes to Company Law

Troy Warner provides a brief overview of some of the changes made by the Companies Act 2006.

view more
 

Work Life Balance - Are You Getting It Right?

Our Employment team of Stuart Snelson and Paula Stuart look at the issue of flexible working as more and more people need to juggle commitments at work and at home.

view more
 

Beware of improper tactics in personal injury claims

Personal Injury specialist Anne Maguire passes on a warning given to MP's that some insurance companies are using improper and unscrupulous tactics to pressure people who have suffered injury to accept less compensation than they might be entitled to.

view more
 

No Longer HIP

Emma Sidney explains that HIPs are no-longer required when selling a property but the Government has retained the use of Energy Performance Certificiates (EPCs).

view more
 

Contract Formation

In the first of a new series of articles, Construction and Commercial Litigation Partner, Richard Millard, looks at recent developments in Construction Law.

view more
 

Driving and Diabetes

Anne Maguire, a Partner and Personal Injury specialist, looks at guidelines that people with diabetes should be aware of to ensure their safety and the safety of other road users.

view more
 

Tax Code of Conduct for Banks

Tim Roberts and Troy Warner look at the proposed Code of Conduct for Banks concerning their involvement in advising on tax avoidance schemes.

view more
 

Valuing the Shares of a Departing Shareholder

A recent case illustrates the importance of setting out in a company’s articles of association how shares will be valued in the event that a shareholder leaves that company.

view more
 

Uncertainty over Intellectual Property Rights

It is far better to take action to protect intellectual property rights and avoid disputes happening rather than risk finding out that you do not have any rights at all. Troy Warner and Trevor Coward look at some of the common problems and tips to overcome them.

view more
 

Shareholders' Agreements & Company Rows

Troy Warner and Trevor Coward look at how shareholders' agreements can help anticipate and cater for problems and in doing so can avoid costly rows and disputes.

view more