Commercial Litigation and Debt Recovery

Jordans Spring 2012 Commercial Newsletter

With the economic recession still gripping the country some parts of the region have plenty available commercial property up for let, often at very reasonable rents. Landlords are keen to fill their properties and many find that prospective tenants drive a good bargain on the rent and other terms. Often tenants want flexible terms and short lettings whilst they try their hand at a new venture. In these types of situations it is easy to skip issuing a lease to save on the cost of having one prepared. But is this a good idea? The answer is no. Leases protect…

It seemed like a very good idea at the time. Two or more friends/colleagues/acquaintances going into business together, pooling resources to maximise results and each sharing a mutual passion and willingness to succeed. In the excitement of the moment it is easy to get carried away and forget about documenting basic terms of your agreement. You are in a hurry to start making money and think there will be time later to bottom out the finer details with your business partners later. You all want to achieve the same time so what can possibly go wrong? If everyone pulls their…

As a result of the economic downturn many buildings are left empty in need of occupiers or redevelopment. Empty buildings can quickly deteriorate and become dilapidated with no prospective of rejuvenation in the coming months or years. Local authorities have wide powers under the Building Act 1984 and the Town and County Planning Act 1990 to target such buildings on the grounds that they might be dangerous or else their state and condition has a severe detrimental impact upon the amenity of the local area. Local authorities can serve notices upon the owners and any occupiers of such buildings requiring…

Being paid for the goods or services you supply is the ultimate goal for any business. It is after all, why we trade and enables us to carry on trading. Sometimes however, it can feel like running a gauntlet when it comes to collecting your payment and doing a good job does not seem to be enough to ensure that you recover payment promptly. Unfortunately, there is no recipe for guaranteeing payment but here are some tips which might improve your chances of being paid and being paid within a reasonable time period. 1. Know your customer. Doing a small…

When is a company insolvent? This is not just as academic question. It can be illegal to trade whilst insolvent and in the current difficult economic times, this is a crucial question for many of our local clients.

The takeover of HBOS by Lloyds and nationalisation of Bradford and Bingley, as well as other well publicised institutions in financial difficulties, emphasise the importance of knowing your legal rights.

Many legal documents are not signed at all. Most terms of business are simply sent out and incorporated into a contract between the parties. However, sometimes a signature is required and here people can get into difficulties.

Plenty of employees get the law wrong and the employer picks up the tab in areas as far apart as health & safety and data protection. Companies can only operate through employees and are responsible in most cases for what employees do. In a ground breaking case, Safeway has sued personally former employees and directors for alleged breach of the competition rules.

In March, the court looked at termination of contracts in a case which could be very important in many other contract termination situations. Shell failed to recover $15 million as the termination of the agreement was not done in the matter in which the court felt it ought to have been done.