Blog

Speak to a specialist solicitor at our law firm in North Yorkshire. 

Get in touch

Services
People
News and Events
Other
Blogs

Removing a partner accused of breaching professional standards

  • Posted

If you are a member of a partnership and one of your partners has been accused of breaching professional standards, this will have a serious impact on the whole partnership - not just the partner under scrutiny. The partnership will have to handle an...

Calculating 'loss of profit' in a business dispute

  • Posted

If you are involved in a business dispute which has reached the point of discussing loss of profit, then it may be more complicated than you expected to come to an agreed figure. When a court awards damages, the sum determined is intended to compensate you,...

Dealing with a dispute arising from an indemnity

  • Posted

As a business owner you are likely to have been given the benefit of an indemnity in one or more of your commercial agreements.  These can be a valuable method of obtaining some assurance that the company or person who gave you the indemnity, usually...

Defending a product liability claim

  • Posted

Customer safety and satisfaction are key objectives for any manufacturer or supplier, as you seek to build and maintain a reputation in the market. Quality control plays a key role in new product development, even though it can be a challenge with a long...

Heading off a dispute with a distributor

  • Posted

Selling your goods in a new and unfamiliar market can be a risky and costly venture, but entering into a distribution arrangement with a separate distributor can provide your business with a route to market, giving you access to new customers without...

Defending a negligence claim against a property professional

  • Posted

If you are a professional working in the property sector, you may at some point face a claim from a disgruntled client claiming that you have been negligent in your advice, or in your work for them. This can affect any property professional, such as...

What to do if supply contract is terminated without agreement?

  • Posted

As a supplier you rely on the contractual relationships with your customers for many reasons.  As well as helping to forecast the income stream for your business, you need to be able to ensure that you can plan how much stock and materials you require...

Update on the progress of the Renters Reform Bill

Aoife Hennessy
  • Posted
  • Author

Aoife Hennessy in our Dispute Resolution team, has provided an update on the progress of the Renters Reform Bill in this blog, this follows on from her original blog about the Reform of the private rented sector in 2022 . On 17 May 2023, the Renters Reform...

What is legal professional privilege?

  • Posted

When you communicate with your lawyer, it is vital that those communications remain confidential, especially if your business is heading towards a dispute with another company that could end up in court. Equally, where evidence and information is gathered...

Avoiding problems with easements on commercial land

  • Posted

If a neighbouring landowner uses part of your land for something, such as access or drainage, it is likely that they will have a formal right known as an easement.  This could restrict your ability to redevelop or extend existing buildings on your...

Options for enforcing a judgment for payment

  • Posted

Obtaining a court judgment for payment from a debtor can be a huge relief, particularly if your claim was contested.  However, enforcing that judgment and actually obtaining payment can be problematic in itself if the debtor is not cooperative. There...

How can a business remove a troublesome shareholder?

  • Posted

There are many reasons why shareholders fall out. Most companies in the UK are small owner-managed businesses, which are family businesses or have been started out by friends with a common aim. Over the years people and priorities can change and no longer...

In trouble with the tax authorities?

  • Posted

The recent sacking of government minister Nadhim Zahawi brought into sharp focus the damage that can be caused following a tax investigation and negative findings by HMRC. Not only can this lead to serious financial implications for a business, but...

Time for an ESG risk assessment?

  • Posted

A company’s ‘ESG’ rating is an increasingly important factor when others make decisions to invest or do business with it, with ESG referring to ‘environmental, socio-economic and corporate governance’ factors. Stakeholders will...

Search and seizure orders

  • Posted

When a business becomes aware that a potential legal claim may be heading its way, then it could be tempting for senior people to decide to destroy or alter key evidence which might be ordered by a court. For example, a court might request copies of...

Resolving a dispute on a breach of a contractual warranty

  • Posted

Warranties and indemnities are routinely included in commercial agreements. Their aim is to provide a right of redress where representations or contract-critical information has been provided by one party to another, and this turns out to be inaccurate or...

Removing a partner in a business who is obstructive

  • Posted

When you work in partnership with someone, you need to trust them implicitly. You also need a shared vision, a common business plan, and clarity over your respective roles and responsibilities as you strive to achieve your objectives.  But what happens...

Key time limits for debt recovery claims

  • Posted

Every business will experience problems with late or non-payers at some point during its trading life. This can be time consuming and frustrating when what you really want to do is just get on with what your business does best.  But how long do you have...

Resolving a dispute between shareholders about strategy

  • Posted

For a business to grow and prosper, it is vital that the people at the helm get on and have a shared vision about key issues of strategic importance. Where a business is run through a private limited company, it is also essential that shareholders have a...

Legal issues following major damage to your premises

Aoife Hennessy
  • Posted
  • Author

BT handled over 33 million 999 calls last year, of which a significant number would have led to the emergency services attending business premises. An emergency can arise from many foreseen and unforeseen situations, the most common being fire, flood,...

Our Legal 500 2023 UK rankings

  • Posted

The Directors at Crombie Wilkinson Solicitors are once again delighted to announce that the firm's skill in Private Client, Agricultural & Estates work has been acknowledged by our fourth year in a row admission to The Legal 500 2023 United Kingdom...

Options for directors on a breach of the duty of good faith

  • Posted

‘With great power comes great responsibility.’ This is an old adage that some say dates back to the first century BC, and which is as relevant today as it was at the time it was first conceived. It is particularly relevant in the context of...

Information about the Renters Reform Bill for landlords

  • Posted

Renters Reform Bill: what does it mean for landlords? The UK Government has announced radical plans to overhaul the private renters’ market, with a new bill designed to shift the balance between landlords and the country’s 4.4 million private...

When to instruct a solicitor to collect a business debt

Neil Largan
  • Posted
  • Author

According to the Federation of Small Businesses, approximately 50,000 commercial enterprises are forced to close their doors each year due to the late payment of debts. This is a grim statistic that highlights the real problem businesses face when money owed...

Facing an investigation for Covid-related business fraud?

  • Posted

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
  • Posted
  • Author

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

Neil Largan
  • Posted
  • Author

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

  • Posted

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?

  • Posted

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

Neil Largan
  • Posted
  • Author

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

Aoife Hennessy
  • Posted
  • Author

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

Neil Largan
  • Posted
  • Author

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

Ian Barnard
  • Posted
  • Author

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

Neil Largan
  • Posted
  • Author

'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

Neil Largan
  • Posted
  • Author

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?

Neil Largan
  • Posted
  • Author

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

  • Posted

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

Neil Largan
  • Posted
  • Author

‘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

  • Posted

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

  • Posted

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
  • Posted
  • Author

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

Neil Largan
  • Posted
  • Author

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

  • Posted

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

Neil Largan
  • Posted
  • Author

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

Neil Largan
  • Posted
  • Author

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

  • Posted

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.    Trustee and beneficiary: What you need...

Recovery of commercial rent arrears accrued during the pandemic

Neil Largan
  • Posted
  • Author

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
  • Posted
  • Author

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

Neil Largan
  • Posted
  • Author

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...

Neighbour has taken part of your garden: What can you do?

Neil Largan
  • Posted
  • Author

Having a neighbour encroach on your property can be a difficult subject to broach. 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,...

Challenging a dubious Will where you suspect coercion

  • Posted

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. Our specialist Will...

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

Neil Largan
  • Posted
  • Author

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
  • Posted
  • Author

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...

Defending a claim that you breached your duties as a director

Neil Largan
  • Posted
  • Author

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

Neil Largan
  • Posted
  • Author

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

Neil Largan
  • Posted
  • Author

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?

Neil Largan
  • Posted
  • Author

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

  • Posted

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
  • Posted
  • Author

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

  • Posted

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

  • Posted

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

  • Posted

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

  • Posted

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

  • Posted

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​

  • Posted

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

  • Posted

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

  • Posted

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...