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Commercial Law Blog

Our commercial and business solicitors regularly write about related legal news and topics and welcome your comments on our posts. If you would like more information on our services, please don't hesitate to get in touch on 01616 966 229.

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Company directors banned for abusing covid support scheme

Julie Hunter
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  • Author

Though we are now four years on from the height of the covid pandemic, the Insolvency Service has been diligent in bringing justice to those directors who took advantage of government support schemes for their own financial gain. With 831 directors...

Can a director be personally liable for a company's debt?

Julie Hunter
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When a company incurs a debt, it is only the company, as a discrete legal personality, which is liable to pay it. This means that the company’s owners, shareholders and directors are not personally liable to pay the debt, these individuals are...

Update - Directors duties to creditors clarified by the Supreme Court

Julie Hunter
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In October 2022, we reported on the Supreme Court’s decision in the ‘Sequana’ case regarding the duties of directors to creditors of a company in circumstances where the company later becomes insolvent. The court determined the...

What are the consequences of a failure to register a legal charge at Companies House within the 21-day time limit?

Jade Fairhurst
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Under Section 859A of the Companies Act 2006, a company that has created a registrable charge (or, any person interested in that charge), may deliver to the Registrar of Companies a section 859D statement of particulars for registration of that charge. ...

What if a tenant refuses to move out?

Sophie Chilstone
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The usual routes for landlords to seek possession Section 21 process Landlords are often left in situations when the fixed term of a tenancy agreement comes to an end and the tenant fails to vacate. For some landlords, they are happy to let the tenant...

How would the extension of Awaab's Law affect private landlords and tenants?

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The implementation of ‘Awaab’s Law’ in July 2023 into the Social Housing (Regulation) Act 2023 came after the death of 2-year-old Awaab Ishak in December 2020. His cause of death was a respiratory condition which resulted from prolonged...

How does removing the blanket ban on pets affect landlords and tenants?

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Following the delivery of the King’s speech on 7th November 2023, there are many elements for not only landlords to consider, but also for tenants to also consider. There is currently a blanket ban on pets in any rented property, banning pets of any...

The multiple deposit penalty claim question

Sophie Chilstone
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A recent case has dealt with the issue of how many deposit regulation breaches can be claimed for in respect of the same deposit. In this case, the landlords entered a 12 month fixed term tenancy with the tenants which then turned into a statutory period...

Section 21 and gas safety- building regulations compliance certificate

Sophie Chilstone
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A recent case heard on 4 December 2023 finally gave some clarity to the question of whether a building regulations compliance certificate (BRCC) needs to be served in order to serve a valid section 21 notice. A BRCC is a certificate issued by a gas...

Charities Act 2022 - disposals and legislation

Chris Graves
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Charities must comply with certain specific provisions of legislation when making disposals of property. The main rules have been dealt with under the Charities Act 2011, but this has now been adapted by the provisions of the Charities Act 2022. ...

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