Welcome to the murky and often misunderstood world of Commercial Property Law. At some time in a lease transaction, usually just after the Heads of Terms have been agreed, the Tenant (or the Tenant’s solicitor) will receive from the Landlord’s solicitor a lengthy document (the draft Lease) – usually somewhere between 40 and 80 pages…
A recent case in the High Court Chancery Division (Riverside Park Ltd v NHS Property Services Limited [2016] EWhC 1313 (Ch)) illustrates the difficulty of exercising break clauses in commercial leases and the importance of taking legal advice when looking to surrender premises: The claimant, Riverside Park Ltd, granted a 10-year lease of Suite 4…
Barrett & Co are pleased to confirm that we have put structures in place to minimise any potential disruption to the provision of legal services to our clients during the Coronavirus outbreak. Our solicitors are able to work remotely from home via our secure network as and when necessary. We can also conduct meetings by…
As Coronavirus COVID-19 continues its onslaught, the British Government has recently rolled out its latest advice to the general public with the message to remain in ‘lockdown’ save to carry out a strict few necessary tasks. Employers and employees are both understandably worried about future employment ramifications of an extended lockdown or a lengthy time…
From 6 April 2020 payment of Capital Gains Tax (CGT) liabilities arising from sales of residential properties by UK residents will be payable within 30 days of completion of the sale. So, you had better start speaking to your accountant now…. Whilst promises of additional government spending, be it to fund extra policemen or free…
Employment contract issues are one of the biggest problems and headaches for businesses. They can use up valuable resources when trying to sort them out. Invariably, the money invested in having good employment contracts, and staff handbooks in place, is far less expensive than sorting out the issues which poor contracts create. Here are five…
Farmers Fall Out A recent case in the Court of Appeal (Liddle v Liddle [2019] EWCA) establishes the principle that, under a cross option agreement (an agreement allowing outgoing business owners/partners to require the continuing owners/partners to purchase their share of the business) the continuing owners/partners could not be required to pay the buyout price…
We all know about and are familiar with the importance of advice from accountants in the context of business sales. They can advise to ensure that the transaction is put together in a tax efficient way – that maximum use is made of the various reliefs available (including, in particular, entrepreneur’s relief). This will have…
The fundamental thing to understand is that, whilst they may be run in a way very similar to “old-style” partnerships (which have no legal identity separate from that of the various people making up the partnership – the partners), legally speaking limited liability partnerships (“LLPs”) are more similar to limited companies. LLPs exist as a…
How can the reality of a tradesman providing mobile repair services to the public from a van be reconciled with the right to cancel provided for in the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 (“the Regulations”) (the so called “cooling off period”)? Whilst I am not aware of case-law definitively deciding the…
