Advance Rent or Rent Deposit?
Landlords who seek a payment of rent in advance as a means of reducing the chance of a tenant defaulting on its liabilities under a tenancy agreement will be reassured by a Court of Appeal decision. The court held that…
Constructive dismissal: key issues
The Employment Appeal Tribunal (EAT) has held that a district nurse, who was summarily dismissed on capability grounds and then reinstated following a successful appeal, with full back-pay, was constructively dismissed when she resigned over the terms of her return…
Relief from CGT on incorporation of business
Taxpayers that actively manage their property lettings and wish to incorporate their business will welcome a recent decision in the Upper Tribunal (Tax Chamber). The Upper Tribunal determined that the term "business" in the capital gains tax (CGT) "incorporation relief"…
Online criminal record update service
Following the launch of a new update service by the Disclosure and Barring Service (DBS), businesses can now carry out free online checks to find out whether there have been any changes to an employee's criminal record certificate. The DBS…
Break clauses in commercial leases
The High Court, in a case where a tenant having paid rent for a full quarter exercised a break-clause part way through the quarter, has implied a term into the lease entitling the tenant to a repayment of rent from…
Natural Meaning of Contract Term Prevails
In the context of an agreement for the sale of an estate agency business, the Court of Appeal has ruled that a contractual clause should be interpreted in line with its ‘natural meaning’. Notwithstanding the rather surprising outcome, the commercial…
Domain Name Confusion? There is a Solution
In a case which vividly illustrates that confusion between similar website names is not an insoluble problem, a businessman has been directed to give up two internet domain names which were capable of creating public confusion and a perception that…
Letters of support not enforceable
The central issue before the High Court in a recent case was whether a number of letters written by a parent company and sent to the directors of a daughter / subsidiary company were legally enforceable. The letters, written by…
Authorship of Software not Copyright
In resolving a dispute as to the ownership of intellectual property rights in respect of software that formed the ‘crown jewels’ of a highly successful investment business, the High Court has ruled that authorship does not necessarily equate to copyright…
Tenants Benefit When Repair Costs Rise
When a landlord wishes to carry out works and the cost of completing them will be charged to the tenants via the service charge they pay, the law requires the landlord to carry out a consultation exercise if the cost…