Articles in ‘Opinion’ Category

Contractual performance is under the spotlight as the new coronavirus, known as COVID-19, sweeps across the globe. As a result many businesses are considering what happens if they or another business are unable to…

In First Subsea Ltd v Balltec Ltd and others [2017] EWCA Civ 186 the Court of Appeal had to make a judgment on whether a director found to be in breach of fiduciary duty could rely…

In Cavendish Square Holding BV v Talal El Makdessi and ParkingEye Ltd v Beavis [2015], the Supreme Court considered a combined appeal as to whether certain contractual clauses which imposed a sanction, were unenforceable due to them being…

During the COVID-19 pandemic almost all forms of possession proceedings and enforcement action have been stayed. This means that, for parties currently involved in such proceedings, they have no choice but to wait until…

English law has always placed great value on the principle of testamentary freedom. That is, an individual’s right to leave their estate to whomever they like, with no obligation to provide for family members…

This article first appeared in Talented Ladies Club. What happens to your ‘digital assets’, such as family photos, when you die? Find out why you need to make plans for them now. Here’s a conundrum:…

Commercial landlord and tenant relationships are under strain, with many office tenants looking to reduce office space and with many retail tenants moving online and reducing the number of stores from which they operate. It…

Residential tenants who wish to challenge a service charge when it is demanded are faced with an awkward decision. They can either withhold payment of a service charge from the landlord whilst they try to…

When a company is solvent and business is good, the company and its directors owe fairly limited duties to creditors (save, of course, for contractual obligations).  Directors must act in the best interests of…

A version of this article first appeared in Estates Gazette. Overage (or “clawback”) agreements are seen as complex and full of hidden traps. Ironically, the commercial rationale for agreeing them is often very simple. Overage is a…

It is no secret that sought-after areas with development potential in the UK are densely populated and that securing land is increasingly difficult with demand outstripping supply. Many “infill” development sites rely on access…

The performance of a director in a company is pivotal to the success of that company. Accordingly, there is legislation in place to protect a company’s right to remove a director should the circumstances…