Litigation Law Updates

Personal Guarantees

JUNE 2010

Ever signed a personal guarantee?
Do you realise the true extent of your liability under that guarantee?

Personal guarantees are promises by individuals to be responsible for someone else’s debts. These guarant ...

Op-co/Prop-co

JULY 2009

QUESTION: What are the employment law implications of splitting my company into an ‘op-co/prop-co’ structure?

Some companies may need to separate the property ownership from the operating business, resulting in an ‘op ...

Civil Procedure Rules

JULY 2009

QUESTION: I hear that there have been several changes to the way disputes can be settled under the Civil Procedure Rules. What are these changes?

Part 36 of the Civil Procedure Rules was amended on 6 April 2007 to ref ...

Unauthorised Alterations

QUESTION: My tenant has carried out substantial alterations without asking me, what can I do?

Almost all leases contain a prohibition on carrying out alterations without consent, so the tenant is probably in breach of covenant. Before taki ...

Wife's Interest

QUESTION: My bank wants me to mortgage my home, which is jointly owned with my wife, to secure borrowing for my business. My wife has agreed, but will her interest in the property cause any problems?

Before making the loan, your bank is li ...

Lock-outs

QUESTION: I have entered into a lock-out agreement with a prospective purchaser. What are the consequences if I sell to someone during the exclusivity period?

The likely consequence, if the lock-out agreement is valid and capable of enforc ...

Occupation And Administration

QUESTION: My tenant has gone into administration and has now let a ‘phoenix company’ into occupation. Can I forfeit?

Yes, but possibly not without the court’s permission. The business of a tenant company in administration is often sold to ...

Peaceable Reentry

QUESTION: I am the landlord of a shop with housing upstairs for the tenant. However, the tenant has not paid for his quarter’s rent. Can I peaceably re-enter the premises?

The ability of a landlord to forfeit a lease by peaceably re-enteri ...

Fair Service Charges

QUESTION: I own the lease of the smallest flat in a house that was converted in five unequally sized flats about 30 years ago. The lease states that the service-charge costs are to be shared equally. Recently, costly structural works have been carrie ...

Dilapidations

QUESTION: I am a commercial tenant and I have received a long schedule of dilapidations from my landlord. What should I do?

Do not ignore it. Schedules of dilapidations often claim more than may be strictly required under the terms of the ...

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