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Facing an investigation for Covid-related business fraud?

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In response to the coronavirus pandemic, the Government made an unprecedented financial support package available for struggling businesses. Millions of enterprises took advantage of the help on offer, but because of the speed with which the various schemes...

Reform of the private rented sector in 2022

Aoife Hennessy
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The Government has recently published its white paper, A Fairer Private Rented Sector, which sets out its proposals to reform the private rented sector to improve housing quality and to redress the balance between landlords and tenants.  The proposals...

Liability of individual partners for partnership debts

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Running a business through a traditional partnership has many advantages, including the ability to keep financial information confidential, less onerous compliance with statutory rules for companies, and transparent tax treatment where partners are only...

Advice if you are asked to give evidence at court for a business

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Businesses may need to send someone to court for a variety of reasons; from recovering an unpaid debt or contractual overpayment, to defending a personal injury claim or tax action brought against them by HMRC. Whatever the circumstances, there will be a...

Paid too much for an overvalued business?

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When the New York Times announced in February 2022 that they had bought the popular free to play word game Wordle for a seven-figure sum, there were a few raised eyebrows. How could a game that was only launched a few months earlier, which has never...

Business disputes

Maria Eames
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Contractual rights v tortious remedies When a problem arises in a business relationship, many people mistakenly believe that the only thing they need to check in order to ascertain their respective rights and obligations will be the terms of any contract...

Resolving a commercial dilapidations claim

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It is not uncommon for commercial landlords and tenants to disagree about the extent to which repair, redecoration and reinstatement obligations have been complied with when a lease comes to an end. Disputes of this nature are known as a ‘dilapidations...

Dealing with Trespasses

Claire-Racheal Matthews
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Trespass can be a concern to many landowners; not only does it present a security risk to the property but can also cause nuisance and damage. Trespass may happen in many ways including but not limited to; an individual simply walking over your land where...

Securing access for a commercial property

Isobel Willoughby
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Once a commercial tenant has agreed a lease and moved into business premises, they will rely on having unobstructed access to easily enter the premises for the purposes of their business.  Unless premises sit alongside a public road, they will probably...

Correcting a mistake in a commercial agreement

Maria Eames
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'Never interrupt your enemy when he is making a mistake,’ said Napoleon Bonaparte, and many a business advantage has been achieved by not pointing out a mistake or an omission by the other side in a deal or negotiation.  But what can you do if...

Challenging unreasonable ground rent on leasehold homes

Maria Eames
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If you have bought a new home in the last few years, then there is a chance that you will own your property on a leasehold as opposed to freehold basis. If this is the case, then you may be liable to pay ground rent charges to the person who retains...

Can a business get out of a contract misled into agreeing?

Claire-Racheal Matthews
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If your business finds out that it agreed to enter a commercial contract based on factual or legal statements that now turn out to be untrue, what can you do?  It may be possible for you to bring the contract to an end and to claim compensation for any...

New 'scope of duty of care' test in professional negligence claims

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Greater damages likely under new ‘scope of duty of care’ test in professional negligence claims.   In June 2021, the Supreme Court issued a judgment which has the potential to make it easier for clients who have received negligent...

Dispute between property owners with a shared interest

Maria Eames
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‘An Englishman’s home is his castle’ is a familiar phrase with its origins in the 16th century, where it was widely accepted that no one should have the right to interfere with the use and enjoyment of a person’s property except in...

Rent moratorium, arbitration and recent judgment for landlords

Natalie Freer
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The Coronavirus Act 2020 currently prevents landlords evicting commercial tenants for non-payment of rent. This restriction will, in principle, remain in place until 25 March 2022. This rent moratorium was first introduced in March 2020 as part of the...

Alternative dispute resolution to settle business disputes

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It is no secret that the courts are struggling to clear the backlog of commercial cases which have built up as a result of the coronavirus, or that this backlog is continuing to grow.    This presents a problem for businesses who are embroiled in...

Pitfalls to avoid in contract pricing in commercial agreements

Ian Barnard
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If you are a fan of Marmite or Hellman’s mayonnaise, you may recall a brief dispute that broke out between Tesco and Unilever in late 2016 which led to the supermarket temporarily suspending the sale of a range of popular branded products. The dispute...

Can I terminate a contract for late payment or a missed deadline

Claire-Racheal Matthews
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With the coronavirus still disrupting supply chains and causing financial difficulties, it is unsurprising that some trading partners are unable to meet their contractual obligations to provide goods, services, or remittance within previously agreed...

Can I challenge a Will that fails to make some provision for me

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It tends to be only in Hollywood movies that a Will is read aloud, usually for dramatic effect where the contents of the Will are unexpected and lead to the sort of tensions which create a good plot. For example, in the 2019 film ‘Knives Out’ the...

Can I challenge excessive charges imposed for breach of contract

Claire-Racheal Matthews
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It is not unusual for business contracts to include a provision which requires compensation to be paid, by one party to another, in the event that certain terms are not complied with.  But are you obliged to make payment under such a provision where a...

Options for dealing with a problem landlord

Maria Eames
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According to the Hamptons Letting Index there has been an increase in first-time landlords entering the buy-to-let sector, with many enticed by the stamp duty holiday and low interest rates. Unfortunately, some property investors think being a landlord is a...

The rights of a beneficiary with concerns about a trustee

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If you are the beneficiary of a trust and you are dissatisfied about the way in which an appointed trustee is acting, then it is important for you to understand your options for holding them to account.    Your concerns may relate to the...

Recovery of commercial rent arrears accrued during the pandemic

Maria Eames
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Before the coronavirus struck, the options for landlords looking to recover commercial rent arrears were extensive.  Depending on the circumstances, you could use the statutory commercial rent arrears recovery procedure (CRAR), effect forfeiture by...

Halting court proceedings against my business

Neil Largan
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Can I halt court proceedings against my business, if no attempt made to resolve matters outside court first?    Where a dispute arises in business, it is always preferable if it can be resolved without the need to go to court. That is why an...

Update for landlords and tenants about the eviction ban

Claire-Racheal Matthews
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Evictions can go ahead from the end of May 2021. It has been confirmed evictions continue from the end of May 2021 with an eviction notice of 4 weeks from 1 June 2021. If you are a landlord facing difficulties with your tenants or alternatively a tenant...

My neighbour has taken part of my garden

Maria Eames
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What might have started out looking like a small and innocuous plant to your neighbour can soon grow into a substantial hedge that extends well beyond their boundary, albeit innocently, reducing the amount of land which you can enjoy.  On the other...

Challenging a dubious Will where you suspect coercion

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We all have the right to leave our money and property to whoever we please when we die, but the decisions we make must be arrived at freely and without undue influence from family, friends or others who hope to secure an inheritance.    ...

My neighbour has caused my property to flood what can I do

Neil Largan
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The risk of flooding in England and Wales is increasing year on year and exposing millions of homeowners to the possibility of property damage and the consequent misery that this causes.  In some cases, there is nothing you can do but try to claim on...

Resolving a commercial lease dispute in a recession

Neil Largan
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With the UK economy currently in the deepest recession since records began, disputes between landlords and tenants are beginning to rise as pressure mounts on commercial occupiers to find ways to diversify and slash overheads in order to survive...

journey into law and starting a new job in the pandemic

Claire-Racheal Matthews
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In this blog by Claire Matthews , Chartered Legal Executive in the Dispute Resolution team at Crombie Wilkinson Solicitors , she talks about her journey into law as a career and joining a new law firm during the Covid-19 pandemic. She has demonstrated...

Defending a claim that you breached your duties as a director

Maria Eames
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It is the thing that all company directors dread – the prospect of a claim of an alleged breach of duty – for this can give rise to personal liability or can result in the imposition of criminal sanctions or a director’s disqualification...

Model Tenancy Agreement for renters with pets and landlords

Claire-Racheal Matthews
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Up until January of this year (2021), the usual position for a landlord and a tenant was that no pets are allowed in rental properties unless the landlord has provided consent, usually in writing and in advance.  Whilst this has undoubtedly been...

Update on the extension to the eviction ban in lockdown 3

Claire-Racheal Matthews
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Latest update for landlords and tenants about the eviction ban. On 5 November 2020 we posted a blog in relation to Landlord and Tenant disputes, namely evictions during the COVID-19 pandemic . The restrictions on evictions were due to come to an end on 11...

What does lockdown mean for landlords and tenants?

Claire-Racheal Matthews
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Update as of 8 January 2021 - the Government have just confirmed a 6 week extension to the eviction ban. if you are a landlord or a tenant, contact a member of our Dispute Resolution team if you would like help and advice about an eviction.   ...

Successful trainee programme at Crombie Wilkinson

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Crombie Wilkinson Solicitors is a vibrant and growing law firm serving private and business clients across North Yorkshire from offices in York, Selby, Malton and Pickering. As part of the succession planning for the firm, which includes identifying leaders...

What to do if you have an invasive plant growing on your land

Adele Holliday
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Would you know if you had an invasive plant growing on your land ?  If you were savvy enough to identify such a plant, would you know what you need to do, from a legal perspective, and what you should do, as a preventative measure? There is much...

BYOD Policies

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The Information Commissioner's Office (ICO) has highlighted the increasing use of personal devices (such as smartphones, tablets and laptops) for work purposes. The ICO suggests that businesses should update data protection policies and provide staff...

Data Protection; Get it Right

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The Information Commissioner's Office (ICO) has recently imposed fines on several organisations for data breaches: Hampshire County Council was fined 100,000 for failing to implement effective contingency plans to protect personal data when...

Flood damage for farmers

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As the waters recede from floods that have covered much of this area, farmers are surveying damaged crops and assessing their losses.   For many, the options do not include insurance claims which often exclude flooding and “Act of...

Collaborative lawyers go karting

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Resolution's biggest public-facing campaign of the year, Family Dispute Resolution Week, commenced on the 23rd November and kicked off with a speedy start! Members from York Collaborative Law Group undertook a go-karting challenge in aid of the national...

Supporting Parents to Put #childrenfirst

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Week commencing 23 November 2015 has been Family Dispute Resolution Week and we have been supporting the campaign. To keep the information available for people to access, please see the links below you can visit to find out more information about...

New ADR rules for traders​

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The Alternative Dispute Resolution for Consumer Disputes (Competent Authorities and Information) Regulations 2015 came into force in tranches from 7 April 2015. The most important changes, affecting business in general, come into force on 1 October 2015....

News for residential landlords

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An Upper Tribunal (Lands Chamber) case provides a useful reminder for residential landlords (and managing agents) that they hold service charges on trust and must give effect to the terms of the lease. In this case, the leases of a residential block...

A better way to divorce

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Divorce is devastating. But it doesn't have to be. There is a better way for you, your family and your children, which family law organisation Resolution is highlighting as part of Family Dispute Resolution Week 24-28 November. Watch the new video from...