The Government has announced a further extension (previously expiring on 30 September) to restrict commercial landlords from pursuing a tenant’s rent arrears through issuing statutory demands. ...
It is very common for a commercial lease to stipulate that the landlord’s certificate stating the total cost of services provided under the lease, and the service charge payable by the tenant towards those services, is conclusive and binding on the tenant in the absence of manifest error or fraud....
‘Push Payment Fraud’ – where a fraudster deceives someone into paying money to an account controlled by that fraudster – is increasingly common. The true cost of this type of scam is unknown, but it is believed to run into hundreds of millions of pounds a year. In most cases it leaves the victim with large losses and very limited recourse unless it is lucky enough to have insurance cover in place....
The end of the transition period under the Withdrawal Agreement is timed at precisely 11pm on 31 December 2020. At that moment in time, a snapshot of all EU law in existence will be imported into UK law. The UK government will simultaneously regain legislative power to enact new law which changes and diverges from EU law. ...
In a step that many will see as wishful thinking, the UK government laid new legislation before Parliament on 10 November 2020 which would see the UK remain a party to the Lugano Convention after 31 December 2020....
It’s not just tariffs that UK importers have to prepare for from 1 January 2021. They will also be taking on new liabilities for defective products imported from the EU which cause personal injury or damage to private property...
Businesses rarely enter contracts intending or even expecting them to end in dispute. But that often happens. The wise approach is to prepare for the worst and hope it never happens....
Disputes between businesses from different countries tend to involve additional complications that don’t arise when the parties are based in the same country. There are a number of points to consider before bringing an international claim. Which country’s court should you sue in? Which country’s law applies to the dispute? How do you obtain evidence from overseas? Where and how can you enforce your judgment?...
Clarkslegal is delighted to announce that Chambers and Partners has recognised the firm for the following practice areas; Construction, Employment, Litigation and Real Estate....
Brexit is going to have significant effect on the trade of goods between the UK and the EU. If your business relies on goods imported from the EU, whether by you directly or through your supply chain, you need to take action to ensure that your supply is not disrupted....
As businesses increasingly look to cutting their costs in order to make up for losses suffered during the pandemic, careful scrutiny of service charges bills is more important than ever, especially for tenants occupying multi-let buildings....
Clarkslegal prides ourselves on our excellent client service, so it is wonderful to be recommended by Legal 500 UK for our efforts especially during this different time for us all. We are delighted to announce that we have been recognised for the following practice areas; Construction, Commercial Litigation, Commercial Property, Corporate & Commercial, Employment, Immigration and Public Sector....
The High Court has handed down judgment in the long-running rail franchise litigation brought against the Department for Transport by a number of railway operators including Virgin Trains, ...
In the recent case of Hart & Hart v Large & others, the High Court awarded significant damages to a couple who had relied, in purchasing a £1.2m property, on a HomeBuyer report produced by a surveyor....
On 23 April, the Government announced that it was introducing new measures to protect the UK’s Retail and Business Tenants. ...
In order to minimise the risk of transmission of Covid-19, the courts have produced a Protocol which provides guidance for conducting hearings remotely during the pandemic......
The Commercial Agents (Council Directive) Regulations 1993 (the “Regulations”) give commercial agents important rights, and in particular the right to receive compensation or indemnity on termination of the agency agreement....
Under the Landlord and Tenant Act 1987 (the Act), before they can dispose of their interest in a residential building, freeholders are obliged to offer the leaseholders of the individual flats the opportunity to collectively purchase the interest being disposed of. ...
Under the Public Contracts Regulations 2015, bidders who are successful in establishing that a public body has breached its duties in the running of a regulated tender are entitled to recover damages. Other remedies may also be available, depending on whether a contract has been entered into or not by the public body....
It has been widely reported this week that the government will be ending the current ‘no fault’ eviction regime, which enables landlords to give residential tenants two months’ notice to end their tenancy agreement under section 21 of the Housing Act 1988. The move is designed to give tenants more security and stop ‘retaliatory’ evictions (where landlords end a tenancy after the tenant complains about disrepair)....