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A recent case has highlighted the position of formal demands under personal guarantees. In October 2018 the High Court decided that Barclays Bank could rely on a formal written demand even where the amount specified was incorrect as it exceeded the liability cap in the guarantee.A simple guarantee does not become an enforceable debt until a demand has been made by the creditor on the guarantor. Us...

For the past few years the Civil Justice Council ADR Working Group has been looking at the role of Alternative Dispute Resolution (ADR) and considering how it can and should be used in the future. The main question posed was whether it should be compulsory.They published their Final Report in November 2018. They ruled out compulsory ADR, recognising that in some cases it was not appropriate. One s...

Christmas is only a month away so if you have not yet applied for any TENs (Temporary Event Notices) for any events which are not covered by a Premises Licence, then you need to act now. Soon it will be too late.This year at least Christmas Eve and New Years Eve do not fall on a weekend, but there are circumstances where you may need to apply for a TEN. First of all, if you do not have a Premises ...

Last year I warned of the consequences of employing illegal workers, those illegal immigrants not entitled to work in the UK. See my blog here.For many years the food and entertainment sector has been a hiding ground for illegal immigrants. Even in the sleepy Cotswolds the temptation may be too much for employers seeking to use cheap labour. The news that a local Italian restaurant has been served...

There is often confusion about on and off sales and consumption of alcohol in pub gardens. Since 2005 the main cause has been the lack of clarity in the licensing law. The latest Guidance issued by the Home Office tries to make it clear.In premises licensed to sell alcohol for consumption on the premises, the plan filed with the application for the licence will usually identify the areas for ...

Last August I blogged about the perils of trying to rely on a hotly disputed contract where the contract was based on an alleged conversation in a pub.The spat between Jeffrey Blue and Mike Ashley ended up in the High Court which found that no contract had been made.But this also applies to any any variation of a contract. To avoid problems down the line all variations should be recorded in writin...

The Royal Wedding is fast approaching. I recently posted a blog giving details of the extension of hours for the sale of alcohol for consumption on the premises and extended late night refreshment for those premises. Some premises may have areas not covered by their Premises Licence in which they allow the consumption of alcohol purchased elsewhere on their premises. That is called an off-sale and...

As I mentioned in my blog in January, the Government indicated that it may extend licensing hours for the Royal Wedding of Prince Harry and Meghan Markle, to allow people to celebrate on the nights of Friday 18 and Saturday 19 May until 1am the following morning.  Following a consultation, it has confirmed that it will be proceeding and making the required order. The effect of the order ...

You havegiven a Personal Guarantee to a creditor of a debt payable by another personcompany or organization, the creditor has made a formal demand and followed itup with service of a Statutory Demand. What should you do?First ofall you must act quickly. To avoid a bankruptcy petition you must make paymentto the creditor within 21 days of service of the Statutory Demand or secure itor compound it t...

Prior to 1996 therewas no regulation outside of London which gave a statutory mechanism for resolvingbuilding issues with Party Walls and other structures against a boundary. ByParty Walls I mean walls and structures which are shared by adjoining propertiesor built on or near the boundary line.The Act of 1996changed all of that, giving statutory strength to common law rights and addingsome new rig...

Here isa brief overview of recent news affecting the alcohol entertainment and latenight sectors.Licensinglaw changes?InNovember 2017 the Government gave its response to the House of Lords SelectCommittee report on the Licensing Act 2003. By all accounts the response wasdefensive and negative, perhaps with a desire not to engage in extensivelegislation at a time when its focus is on Brexit? Needle...

Christmas is nearly upon us so if you have not yet applied for any TENs (Temporary Event Notices) for any events which are not covered by a Premises Licence, then you need to act now. Soon it will be too late.Remember that Christmas Eve and New Years Eve fall on a Sunday, so it would be a good idea to check your Premises Licence conditions to see if it allows you to open for the hours required, to...

What licences do you need to screen entertainment and play music in your venue?These requirements apply if you are entertaining the public in your venue or just entertaining your staff.Screening TV and filmsFirst of all you may need appropriate licenses from a satellite broadcaster to screen such things as live sport. But that is not all you will need if you show TV shows and films.Over a year ago...

The recent high profile case between Jeffrey Blue and Mike Ashley has brought a reminder from the High Court on how a contract is formed in English law and why it is so important to record any agreement in writing.On 26 July 2017 Mr Justice Leggatt gave his judgment in a claim brought by the investment banker Jeffrey Blue against the well known tycoon Mike Ashley, owner of Sports Direct and Newcas...

Whom do you turn to when you’re in dispute with yourbusiness partner(s) and what should you ask them? How do you know whether your accountant or local solicitor isthe best person to advise you? For many business owners and directors, their first port ofcall is their accountant. After all, they have often been with you from thestart, they know what you’re all about and underst...

Flat management companies are companies that are set up tomanage blocks of flats. They mainly deal with issues such as repairs but alsomay have a role in ensuring that flat owners comply with the terms of theirleases.It is usual for the shareholders of these companies to bethe flat owners. They buy shares as part of their purchase of the flat and sellthem to the new owners when they sell their fla...

On 21 March 2017 the Ministry of Justice published thenew and long anticipated Pre-Action Protocol (“PAP”) on debt recovery . It willcome into force on 1 October 2017.So what will this mean in practice? It has long beenthe requirement of the Civil Procedure Rules that parties should follow aPre-Action Protocol before issuing court proceedings. The underlying principle ofthe pre-action ...

It is nearly a year since the Immigration Act 2016 hit thestatute books on 12 May 2016. So what parts of it are in force and how does itaffect the trade?The first relevant measures came into force on 12 July 2016.It is of course not without significance that the Brexit Referendum vote hadbeen only a few weeks before.Although there were existing laws having more or less thesame effect, the governme...

Why should licensees be concerned with red tape affecting wholesalers of alcohol? Because if they buy from a wholesaler who is not registered they could face a fine of up to £10K!The Alcohol Wholesalers Registration Scheme requires those UK business who sell alcohol to other business at or after the duty point to obtain HMRC approval under the scheme from 1 January 2016. And from 1 April 201...

Sometimes you cannot help but think that the internet of things is moving so fast that it is difficult for old established laws and customs to adapt and keep up with innovations.The global explosion of short term lets via organisations such as Airbnb is a prime example. It is a huge challenge to the hotel industry, but brings problems of its own to the housing sector. Many countries and cities are...

Dismissing a director is not as easy as dismissing a normal employee. This blog sets out how to go about firing a fellow company director.The first thing to appreciate is that most directors in SMEs have three roles – that of a director, an employee and a shareholder – and to get rid of them completely, you will need to remove them from each role.DirectorThis is the official role and g...

Licensing authorities have the option of introducing a cumulative impact policy which will apply to one or more defined areas or zones within their area of authority. So how do they go about introducing such a policy, and what effect will it have on existing licences and new applications?Firstly, the relevant regulations are not to be found in the Licensing Act 2003. A rather back door method has ...

A recent High Court case has highlighted the extent to which commercial landlords need to take care when carrying out works to property which are likely to cause disturbance to tenants.Timothy Taylor Limited had a high class modern art gallery in Mayfair, for which it was paying a very substantial rent to the landlord Mayfair House Corporation. The Landlord carried out extensive redevelopment work...

All SMEs want to know what effects the Brexit vote and the change in Prime Minister will have on them. However, there is so much uncertainty that it is impossible to predict. All that can be done at the moment is to look at what factors will be of particular importance to SMEs over the coming years.Effects on the economy as a wholeI think the most important factor will be how the economy performs ...

In December 2015 I discussed the problems posed to pubs and other established premises with a premises licence by changes in use and development of nearby property which would add residential occupants likely to complain about noise nuisance. See my blog on this issue.The government has since stepped in to provide some protection where there is a proposed change of use of existing nearby prem...

Back in June 2015 I posted a blog on forfeiture of commercial leases, which is the term for when a landlord recovers possession due to a breach of the lease by the tenant. That blog looked in particular at forfeiture where the tenant was in arrears of rent.A recent case of Pineport Limited v Grangeglen Limited is a very useful reminder of the points which a court will consider in any applicat...

It is important to make and record company decisions in thecorrect way as otherwise they can be challenged by a director, shareholder orliquidator and, in some cases, could result in the person who made a decisionfacing personal liability. Who makes company decisions? Most decisions need to be made by the board of directors asa whole. The board can delegate certain decision-making powers...

Many written contracts contain a clause stating that only the written terms will apply and that they can only be varied by agreement in writing.So what happens when the written terms do not reflect what has happened during the performance of the contract? Is it possible that terms could have been varied by verbal agreement or conduct without any confirmation in writing?Often this situation only co...

Now that summer is truly with us it is worth looking how you can maximise your profit by taking advantage of what looks like being a summer of music sport and fun.We start off with the Queen's 90th birthday celebrations on Saturday 11th June, which handily coincides with the start of the Euro 2016 football. But everywhere there are music festivals and events which will be televised. If you have th...

What should SMEs consider before voting in the Brexit referendum?

Commercial landowners should always take care to avoid claims for noise nuisance where any activity on their premises is likely to cause nuisance to neighbours.A recent case has highlighted the issues. In 2006 Mr and Mrs Peires bought a 6 bedroom mansion in Denham, Buckinghamshire. The property borders on Denham Aerodrome. Flying activity has been carried on there since the early 1900's, and the D...

The High Court has recently upheld a Licensing Authority decision to revoke a Premises Licence where the owner had knowingly employed an illegal immigrant.A restaurant and takeway owner had employed a chef who did not have a right to work in the UK. He was paid cash in hand, below the minimum wage, and the owner did not account to HMRC for PAYE.The owner was not prosecuted for the offence, but was...

Normally a director, or indeed a shareholder, will not have any personal liability for any debt of a limited company, but there are exceptions.One exception that I will cover in this blog is where an insolvent company is pursuing (or defending) litigation which is unsuccessful, and the company cannot or does not pay any costs orders made against it. In that situation the successful party will look...

Back in December 2015 I posted a blog about the problems which often occur when there is a new development next door to an existing and usually long established venue which generates noise. A bit like people who move next to an airport and then complain about the noise.There have now been some sensible steps taken by the government to ensure that the risk of noise nuisance from existing commercial...

It is quite often the case that trade suppliers will require personal guarantees before they will open a credit account and trade with an organisation. An unsuspecting employee may sign off the contract without realising they have signed a personal guarantee with personal implications for them which could be ruinous.Personal guarantees will not be necessary from an individual/sole trader who ...

Most SMEs don’t give much thought as to how their shareholding should be structured apart from the number of shares to be held by each shareholder. One problem with this is what happens if there is a disagreement between shareholders. The majority group will always be able to out-vote the minority group and therefore effectively control the company. Whilst the courts may intervene if the min...

So you want to sell alcohol at a one–off event such as a festival, or perhaps have some form of entertainment, or maybe provide late night refreshment? Or maybe you already have a Premises Licence but wish to relax any restrictions for a particular event, maybe a quiz night, fancy dress ball, or a charity fundraising event? If you already run a location with a Premises Licence you may find y...

On the whole, the outlook for SMEs and the economy as a whole looks brighter as we start 2016 than was the position a year ago. A year of improvement Then, I was concerned about Greece falling out of the Eurozone and the knock-on effects that would have across Europe, and the uncertainly of what government would be formed after the general election. I was also concerned that there may be a major p...

On 1 January 2016 the total number of temporary event notices (TENS) that can be applied for in respect of any one premises in a calendar year increased from 12 to 15. This change was made by section 68 of the Deregulation Act 2015.Whilst any increase will be welcome to the trade and event organisers, the extra 3 offers only a small benefit, and it should not be forgotten that there was no change ...

Stop Trading and Strike Off The simplest, and cheapest, way to shut down a company is to stop trading and then to apply to Companies House for the company to be struck off the Register of Companies. After 3 months have passed without the company trading, carrying on any business, undertaking any transactions or certain other activities, the directors can apply to Companies House for it to be struc...

When it comes to noise, pubs are a bit like airports. For both, noise is an ever present issue, and it is always surprising how often people move next to long present airports and pubs, and then complain about the noise. Another annoying aspect for operators of both establishments (and night clubs and other music venues) is the new development, particularly of residential property, right next door...

It is quite common for pre-estimated compensation for specific breaches of contract to be provided for in the written contract at the outset, avoiding the difficult and costly process of calculation of loss when breach occurs. The other advantage is of course certainty, allowing each party to understand their risks and obligations from the beginning. Such clauses are referred to as “liquidat...

It can often happen, especially in small companies, that the directors get locked in a stalemate situation and cannot make effective decisions. The legal situation is that companies are run by their directors who collectively make decisions at board meetings. If there is a difference in opinion, then a vote can be taken at a board meeting and a decision is passed by a simple majority of directors ...

This blog looks at the use of exclusion clauses to limit liability or perhaps the scope of performance under contracts between businesses. It does not apply to exclusion contracts between businesses and consumers, which are now governed by the Consumer Rights Act 2015. Many businesses have their own standard terms which they will attempt to incorporate into any contract. Obviously those standard t...

There have been recent calls by the 3 emergency services to abandon the so-called 24 hour licensing and return to the days of limited hours for the sale of alcohol. They claim an unacceptable demand on the services brought about by the new night time economy with its associated alcohol fuelled self harm and anti-social behaviour. In these days of drastic budget reductions the services claim that t...

What rights does a shareholder have in the way a company is run? What can shareholders do if they do not like what the directors are doing? Companies are owned by their shareholders but are run by their directors. The directors make most of the decisions of the company: the major strategic ones as well as the day-to-day ones. However, shareholders do have some power over the directors although, to...

Firstly, what are minor variation applications and when can they be used?If anyone who holds a Premises Licence or Club Premises Certificate wishes to alter the structure of the premises or layout which will differ from the filed plan, or wishes to add or remove licensable activities, change the hours of such activities, or add or remove conditions, the main way of doing this is by way of a formal...

Starting a new business is a very busy time and you are probably receiving advice from everyone as to what need to be done. Legal matters to attend to are perhaps the trickiest of all: it is easy to find advice on what you should be doing but what are the most important things to attend to? From our experience, there are 5 things that directors of a new company should consider from the outset to a...

Last month I blogged about the need for a PPL and/or a PRS licence if playing music. They cover the licensing of the authorship and artistic rights. But do you also need to have music covered by a Premises Licence? That depends.The playing of music, whether live or recorded, is usually classed as "regulated entertainment", which is a licensable activity requiring a Premises Licence or Club Premise...

It often happens that, following a dispute, a director–shareholder leaves the company. A question often then arises as to whether that director should sell his shares. Before you make this decision, the first place to look is in the company’s articles or any shareholders agreement. Sometimes these have clauses saying that, if a director resigns or is removed from office, then he must o...

Step 1 - Identify your position • Prepare a chronological statement dealing with all the issues and identify all key documents such as any relevant contract, terms and conditions, correspondence and e-mails. • Identify your key personnel who would be called upon to give evidence. Get written statements from them as soon as possible. • Get early legal advice as this could dictate how...

In the news this week is the apparent drastic decline of the night club, almost halved within a decade, with various comments on the reasons behind the closures. Some have suggested that it is a change in habits, with outdoor festivals and live music events more popular. Others have suggested that it is the competition posed by pubs and other venues since the relaxation of licensing hours which ca...

A director owes duties to the company which either arise as a result of the Companies Act, common law or contract. Duties under the Companies Act Under the Companies Act 2006, the duties are owed not just by directors who are registered as such but also by those who are held out as directors even though not formally appointed, or who direct the business of the company even though they are not regi...

Back on 2 June I blogged on forfeiture, and said that "Note that if the Landlord forfeits the lease he no longer has the right to seize any goods or possessions of the Tenant remaining on the premises."But I must point out a very important distinction between "goods and possessions" and "tenants fixtures".Normally a tenant would be allowed to remove "tenants fixtures" on or before the end of a lea...

In this blog I talk about the need to have an appropriate licence to play recorded music from the organisations which represent the composers or performers of the original material. In a later blog I will go on to cover the additional need for a Premises Licence if the playing of music constitutes "regulated entertainment".A recent court case involving the owner of a South Wales nightclub has...

Reason 1 - Differences in contributions to the business After a while, it often happens that one director or group of directors ends up contributing more than the others. Often, one ends up bringing in more work, or provides more of the finance needed than others. This is perhaps the most common reason for a dispute as the director who contributes the most starts to resent the other directors who ...

In this age the courts expect that parties will make every effort to resolve their dispute before any court action is taken. But there are risks if the parties enter mediation, a form of Alternative Dispute Resolution (ADR). Read on to find out more about ADR and mediation in general.There is a set procedure which parties should follow before issuing a Claim Form. They should set out details of&nb...

Forfeiture for non payment of rent (which may include service and other charges reserved in the Lease as rent).The ancient law of distraint, allowing the landlord to use bailiffs to arrive unannounced and seize goods without due notice, has now been consigned to the history books. See my blog last year. But the landlord still has a nuclear option where there are arrears of rent. If the l...

One of the things that our clients are asking is what they can expect from the new government. One of the good things about a majority government is that the we do not need to wait for the results of coalition agreements to know what to expect and can instead look to see what the Conservatives promised in their manifestos (assuming of course that they deliver on their promises). Their main manifes...

The Licensing Act 2003, which came into force in 2005, brought with it far reaching and often nonsensical regulation of entertainment. Since then a series of deregulation measures have addressed the over abundance of red tape. The latest, and probably last, changes came into effect on 6 April 2015.Let us first of all recap on what constitutes "regulated entertainment", which is a licensable activi...

What is a partnership?A legal Partnership comes into force when two or more people start a business that does not have any other legal form such as a limited company.Often there is a written Partnership Agreement which sets out how the business is to be run but, where there is not, it is governed by the terms of the Partnership Act 1890. Sometimes, Partnership Agreements only cover some important ...

In legal circles it is called the "Battle of the Forms".Contracting parties usually have their own standard terms and conditions which they will wish to incorporate into any contract they have with the other party. Most commonly these can be found in supply contracts. But they are often forgotten about and an issue only comes to light when there is a dispute. Whose T&Cs apply?This could be of ...

The Government has rushed through various changes during the last few working days of Parliament and the new Deregulation Act came into force on 26 March. We now also know when the various provisions will come into force.Personal Licences Personal Licences which expire on or after 1 April 2015 will no longer require renewal.Live Music The changes will come into force on 6 April 2015...

The staggering rise in court fees that came into force this week has sent shock waves throughout the SME sector. By way of summary: For a claim worth £25,000, the issue fee has increased from £610 to £1,250. For a claim worth £70,000, the issue fee has increased from £910 to £3,500. For a claim worth £125,000, the issue fee has increased from £1,115 ...

So Gordon Ramsay got himself into a bit of a pickle and came off worst.It was all about a Personal Guarantee on a lease of a restaurant and hotel held by his company Gordon Ramsay Holdings International Limited.He challenged the personal guarantee on the basis that he did not personally sign it. His signature was put on the document by a signature writing machine used by his father-in-law. In fact...

Back on 29 January I blogged on the massive court fees hike proposed by the government.It was thought that in view of the consultation period and controversial nature of the hike that any proposals would not be in force for many months. But it seem that the government is hell bent on forcing through the increases, and we have just learnt that the increases will most likely take effect this Monday,...

In SMEs, it is often the case that directors are also shareholders. If a director is removed from office, this will not generally affect their position as a shareholder and it will usually be the case that it is preferable to deal with the shareholding at the same time. It is sometime the case that the company’s Articles or a Shareholders’ Agreement state that, if someone ceases to be ...

The Ministry of Justice has fine tuned it's proposed massive hike to court fees and it is now out for a final consultation which closes on 27 February 2015.So what are the changes, when are they likely to come into effect, and what impact will they have?The MoJ claim that the vast majority of claims are for values of less than £10K. For those claims there is no proposed change in the co...

A commercial lease often contains a covenant by the tenant to keep the premises in repair and deliver them up in repair at the end of the lease. In some cases the lease also requires the tenant to “put” them in repair, whatever their state at the commencement of the lease, which is a far more onerous obligation. Dilapidations are the repairs which the tenant has not carried out, in bre...

I will now take a look at what is in store for the licensing world in 2015.The unknown quantity is of course the looming general election in May. I suspect that whatever happens it may have an impact on parliamentary business, and legislation in the pipeline may well be delayed yet further. And of course there may be changes afoot if there is a change in government. Oh for a crystal ball! Per...

As we recover from the Christmas and New Year holidays, many business people are reflecting on what 2015 may have in store. 2014 saw the beginning of a period of stable growth and business optimism in the SME sector has risen as a result. Investment and productivity are still low but I am sure these will recover as business optimism gets stronger. It’s been a bit of a mystery for economists ...

As we start 2015, it does look as though the prospects for commercial landlords in opposing lease renewals under Part II of the Landlord and Tenant Act 1954  has become a lot easier as a result of the Court of Appeal decision in Youssefi v Musselwhite.To recap on the law, a landlord who does not want to grant a new tenancy must establish one or more of the seven statutory grounds in sect...

Not for the first time the government, much like its predecessor, has got itself in a muddle due to delay in introducing otherwise worthy legislation. This time it is all to do with the renewal of Personal Licences. You may recall that the current licensing regime came into force in November 2005, and that licensing authorities were in a position to accept applications under the new regime from 7 ...

Shareholders have rights as shareholders, whether or not they are directors of a company as well. Many shareholders’ rights are set out in the company’s Articles and any Shareholders’ Agreement. These may extend or reduce some rights. However, the Companies Act 2006 also sets out certain rights that shareholders have and a list of them is below. This is not an exhaustive list alt...

The recent case of Century Projects Ltd v Almacantar dealt with the competing interests of the landlord and tenant. The landlord wished to carry out repairs and renovation which it was entitled to do, but the tenant was concerned with the potential catastrophic impact on its business by the method proposed by the landlord.The case involved Centre Point Tower in London. The tenant had a lease of 2 ...

New Statutory GuidanceOn 13 October the Home Office published the new Statutory Guidance under Section 182 Licensing Act 2003. This was necessary to take into accounts changes since the last update in June, notably the new mandatory conditions, and Temporary Event Notice application forms.The new Guidance also clarifies some advice an procedures, for example the process for licensing authorities w...

The law on adverse possession is complicated. First principlesWhat exactly is “adverse possession”? Basically it is an occupation of land inconsistent with the right of the “true” owner. By “true owner” I mean someone who holds the “paper” title of either registered or unregistered land. Registered land means land registered under the Land Registrati...

One of the things many entrepreneurs overlook in the rush to form a company and start their new business venture is the importance of giving thought to which individuals have ultimate control over the company.One of the advantages of going into business with someone else is that each person brings something to the table that the others don’t have. Some people have technical skills, some are ...

The Licensing Act 2003 (Mandatory Licensing Conditions)(Amendment) Order 2014 comes into effect on 1 October 2014, and to mark this event the Government have issues a new Guidance on the mandatory conditions.Essentially the 5 mandatory conditions have bee condensed into 4, the evil dispensing directly into the mouth, the so-called Dentist's Chair trick, losing it's separate billing and appear...

People often go into business together with a view to being equal in the business: to contribute equally and to be paid equally from it. Sometimes they put equal sums into the business to start it up and run it but at other times, one partner provides some expertise whereas another provides the finances. Often, when first starting, not a lot of thought goes in to the structure of the business: whe...

The problem with trees-a landowner’s liability Two recent cases have highlighted the extent of a landowner’s liability where trees growing on their land have damaged a neighbour’s property. In 2013 a court decided in favour of the landowner where Stagecoach South Western sued her for damage caused to their railway track and a passing train when a branch came crashing down in a st...

In my last blog in the series on personal guarantees, I will look out how you can bring a personal guarantee to an end, and what to do if the creditor takes action against you under the personal guarantee. Discharging a personal guarantee The only sure way to bring your liability under a personal guarantee to an end is either to ask the creditor, usually a bank, to release you in writing (don't ho...

Whilst most solicitors will advise that you should always enter into a written contract when undertaking a major project, often you’re better off signing no contract at all. In English law, a contract does not have to be a formal written contract; it does not even have to be in writing. Most contracts that SMEs enter into are based on meetings, telephone calls and email exchanges. Sometimes,...

It is useful for both landlords and tenants to remember the possibility of applying for an interim rent at the end of the business lease, to take effect during the period from the end of the current lease until a new lease is either agreed or ordered by the court. This is because in the meantime the lease will continue on the same terms, and therefore the same rent, and it may be some time before ...

In my last blog I looked at the nature of personal guarantees, explaining what they are and how they work. In this blog I will consider what you should do if asked to give a personal guarantee, the advisability and requirement for legal advice before signature, and the position where legal advice was not taken.Points to consider 1. Explore other options you might have that would allow the business...

If you are a shareholding director and wish to leave your company, whether voluntarily or under pressure from your fellow shareholders, your main concern will be getting a fair price for your shares and other rights. This will usually be determined through negotiation and, before you embark on this, it is important to understand just how strong a position (or otherwise) you have. This will largely...

Fines Increase The industry seems to be getting itself into a bit of a pickle over the Government’s recent proposed hike of maximum fines for various offence relating to alcohol and the Licensing Act 2003. Reading the comments you would think that underage drinking had been specifically targeted. It hasn’t. The fines hike applies across the board to all offences which have their maximu...

A personal guarantee is a security given by one person or company for a loan or other obligation of some other person or company (the “debtor”). The personal guarantee is given to a creditor or potential creditor (usually a bank, trade supplier, or landlord) of the other person or company. In Part 1 of this Guide I will look at the basic principles of a personal gurantee. In Part 2 I w...

What Is a Director?Simply put, a director is someone who runs a company. They are responsible for leading, directing, overseeing, supervising, governing and controlling the company. Often a company will also have advisors, such as accountants, solicitors and business consultants of different specialities but these advise the directors rather than make important decisions themselves. Advisors are n...

During the last few days both Houses of Parliament have approved the Licensing Act (FIFA World Cup Licensing Hours) Order 2014, which will extend licensing hours between 12 June and 14 July 2014.There are some important points to note: it only applies to pubs and clubs etc in England it only applied to England games the full details of dates and hours are specified in the order it does not extend ...

Tenants often ask the question “Can I assign my lease?” There are 3 possible scenarios: 1. The lease is silent. There is no written condition preventing assignment. In this case the tenant can assign or underlet to whoever he pleases and does not need the consent of the landlord. 2. The lease contains an absolute condition preventing the tenant from assigning or under-letting or partin...

These days, when faced with a problem, most people look online for an answer. We type our question into a search engine and expect that somewhere within the first few pages returned, we will find our answer. This approach works well for most things: factual information, news, celebrity gossip and shopping. However, it can be dangerous when looking for advice to legal problems. As in most things on...

The new system of commercial rent arrears recovery (CRAR) comes into force on 6 April 2014.All the necessary regulations have now been published. So from 6 April landlords will not be able to send in the bailiffs without notice to recover arrears. A whole new system of rent enforcement comes into play, with statutory notices. To recap on my previous blogs on the subject, the key points are as foll...

In my last blog on the subject I looked at the current powers to close premises. So what is coming up next?The current government is attacking anti-social behaviour and is looking to give more powers to individuals to hold authorities to account on their response to complaints. We have already seen this philosophy implemented in the changes in recent years to the Licensing Act 2003 to widen the ob...

One question that I get asked a lot is: “When I’m dealing with a dispute by email, when should I use the phrase without prejudice? Many business people know they should use the term but are not sure when and what it means. Some write “without prejudice” on all correspondence and others don’t use the term at all. There are dangers in using the term incorrectly that mig...

The Government has surprised us all with the announcement last month that there will after all be minimum pricing for alcohol intended to take effect on 6 April this year.. We all thought this was a dead duck when they dropped the proposals for a minimum price per unit last year. But the new regulations are based on “cost” price. The full implications are set out in the Home Office Gui...

 The law of Defamation has finally in the 21st Century arrived in the on-line media and social networking age.The Defamation Act came into force in England and Wales on 1 January 2014. It is designed to modernise the law of defamation and strike a fair balance between competing interests whilst maintaining the right of free speech. Key Points: • A new requirement that to have a reme...

Often in small and medium-sized businesses, a company’s directors and shareholders are the same people. However, this is not always the case and it is not uncommon for directors who have left to retain their shareholding. Shareholders, as opposed to directors, have very limited rights when it comes to having a say in how a company is run.The general principle is that a company is owned by it...

On 6 April2014 there will be a new dawn for commercial rent recovery. The new regulations abolishing the ancient law of distress come into force on that date. For details see my blogs of 3 March 2013 click here and 17 September 2013 click here.It will no longer be possible to send in the Baliffs without notice to distrain on goods to recover rent and other arrears under a commercial tenancy. ...