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…
Court Upholds Deferment of Payment
A businesswoman whose business fell victim to the recession has persuaded the family court that it would be appropriate for the settlement she had agreed to pay her ex-husband to be varied. The total settlement was £450,000, made up of:…
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…
Compensation for Negligent Tax Advice
A businessman who incurred a capital gains tax (CGT) liability in excess of £800,000 on the sale of shares in his company as a result of negligent accountancy advice has triumphed in his High Court compensation claim. The court found,…
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…