Solicitors’ letters are often headed “without prejudice”, or “without prejudice save as to costs”. The intention of including these headings is to clarify the basis upon … [Read more...]
Service Charges – when is a cost a cost?
A landlord cannot recover service charges incurred more than 18 months before they are demanded, unless a section 20B notice is served.The case of Brent London Borough Council v Shulem B Association … [Read more...]
Partnership Disputes
Section 28 of the Partnership Act 1890 provides: “Partners are bound to render true accounts and full information of all things affecting the partnership to any partner or his legal … [Read more...]
Defending Civil Claims Without Merit
Two quick and effective ways of resolving civil claims brought against you are:1. by an application to strike out the claim (under the Civil Procedure Rules (CPR) 3.4(2)(a)) on the ground that the … [Read more...]
Directors’ Duties and Shareholder Rights
The relationship between shareholders and the company that they hold shares in is a complex one. Shareholders sometimes have rights over and above the mere passing of resolutions and to collect a … [Read more...]
Disclosure Explained
“Disclosure” is the name for a stage in the litigation process when both parties are required to produce any documents that may aid or affect their own case, or may aid or affect the case … [Read more...]
Taxation of Company Directors
In May 2012 HMRC published a consultation document entitled “The taxation of controlling persons”. The purpose of this paper is to consider whether the insertion of a provision to ensure … [Read more...]
The Canadian case of Thelwell v. The Queen, “Doctor Tax”
Mr Tarracino ran a business called “Doctor Tax”. This business advertised itself as a tax preparation and advisory service. Mr Tarracino had however previous convictions for tax evasion as … [Read more...]
The Duties of Estate Agents & The Loss of a Chance
The relationship of the estate agent and their customer is one which is usually governed by a contract, or as it sometimes referred to, retainer. The position at law as to the role of estate agents is … [Read more...]
“Professional” Harassment by Employers
The Protection from Harassment Act 1997 was originally enacted to deal with the problem of stalkers and more specifically acts of harassment against women. Since the Protection from Harassment Act … [Read more...]