If you are looking to develop some freehold land, extend a commercial property or change the use of land or premises, you'll need to make sure there is nothing on the relevant title to prevent you. A restrictive covenant could prevent you from using the land or property in the way you wish. We can review the title to your property or land to ensure any convenants were properly registered and discover whether or not the restriction can be enforced.
Disputes with other professionals
When businesses are bought and sold warranties regarding the financial position of the business are provided by the sellers. These warranties can relate to any aspects of the business which the buyer is purchasing and often cover areas which the buyer has less knowledge about at the time of purchase, so is reliant on the seller's warranties to provide assurances or confirmation.
Where there is a breach of a warranty more often than not, it will lead to one party suffering a loss, which may be significant.
Sellers can also experience difficulties in obtaining funds due and owing under earn-out provisions. Should that occur our team can assist from an initial demand as well as guiding you through expert determination and arbitration if required.
Breaking/extending your lease
If you're facing proceedings for breaking your lease, or need advice on how to end a lease early, or extend a commercial property lease, but are facing problems, we can help. Our commercial property litigation team are experts in business tenancy renewals.
If you are a landlord or a tenant, we can help with disputes concerning breaches of covenant under a lease or claims against guarantors and former tenants. We can also help you serve notice at the end of a lease, either because it has come to the end of its existing term or because you want to end the lease early under a break clause.
Someone has breached or broken a contract
Contracts are not always in writing and can arise from oral agreements or parties conduct over a period of time. Whether you are making a claim or defending one, we're here to help.
Our team is experienced in all types of contractual claims ranging from the supply of goods and services, earn-out issues upon the sale of a business, IT contracts, insurance, agency and distribution.
You can also look to us for support with disputes arising from misrepresentation, early termination, non-payment or non-performance.
Restoring companies to the register
You can apply to Companies House to get your company restored if it was struck off the register and dissolved by the Registrar of Companies. You can apply to do this if you were a director or shareholder, the company was trading until struck off or you didn't voluntarily apply to have your company struck off.
In some instances you will need to apply to the Court for an Order to restore the company to the register and seek the permission of the Crown.
With the experience in both our Litigation and Corporate teams we have your business covered.
Breach of warranties
Warranties are given in a number of different commercial transactions and situations; essentially it is an assurance or a promise given by one party to another. Although not a major term of a contract, breach of warranties cause disputes and have remedies that can be sought dependant on the circumstances. In some cases, such as in finance documents, the breach of warranty can constitute an event of default.
If you are worried about a breach of warranty or think you have a claim then please contact our Litigation team.
Breach of trust & fiduciary duty
A trustee is someone who is responsible for a trust. A trust can arise in very simple circumstance, such as someone holding property or money for another person. If a Trustee acts (or fails to act) a way is not that's not authorised by the terms of the trust or by the law, they may be liable for a claim against them. For instance, they may have distributed or invested assets in a way that was not permitted.
A breach of fiduciary duty may also have occurred, for instance, when a trustee profits from a trust, acts outside its powers or acts when there is a conflict of interests.
Fiduciary duties exist wherever there is a fiduciary relationship, in other words a relationship with financial implications between two or more parties these types of duties do not just exist for trustees, executors of estates, brokers but directors of companies too.
We can help you understand the legal implications and bring your case to a satisfactory conclusion.
Business need insurance and regularly businesses enter into insurance contracts without fully appreciating the obligations of the business and or the insurer. As a consequence when a claim is made by an insured party problems can arise with both the liability of the insurer as well as the value of the claim that will be paid. We can assist in resolving such disputes and where appropriate dealing with them in arbitration proceedings.
Changes to insurance contracts for business are being introduced in 2016 which will govern misrepresentation, non-disclosure and warranties.
We are here to support your business, directors or officers in claims against your insurers whether it be alongside existing litigation or as an independent claim.
Problem with a service or supply agreement
Even when you have taken the required steps to protect your core systems or supply chains, disputes can still arise and cause your business to suffer loss.
Breaches to supply and/or service level agreements, IT support or software contracts can cause a business to shut down and parties become swiftly entrenched. Our litigation lawyers look at your situation commercially to achieve the best outcome for you, be it settlement and an end to the contract, or where possible, to get the business relationship back on track.
Similarly when parties to distribution agreements experience difficulties it is imperative to not only to get their own contracts fulfilled, but to resolve their dispute as swiftly as possible. Our team understands the need for swift commercial advice to ensure minimal disruption.