Unfair Prejudice? In the absence of any recourse under the articles of association or any shareholders’ agreement, aggrieved shareholders are often reminded of their rights under s.994 of the Companies Act 2006 to apply to the court for relief if they suffer unfair prejudice. The court has wide powers and the potential respondents, while usually the other shareholders, could include [...]
Relief for leaseholders – the “two-year” rule is no more Provided that certain qualifying conditions are met, long leaseholders of houses and flats are entitled either to purchase the freehold of their building or extend their leases pursuant to the provisions of either the Leasehold Reform Act 1967 or the Leasehold Reform, Housing and Urban Development Act 1993. Those rights [...]
The age of legal reform in the property sector – is the 1954 Act next? On the 19th November 2024, the Law Commission published its Consultation Paper (the “Paper”), which concerns Part 2 of the landlord and tenant Act 1954 (or as it is well known : “the 54 Act”). The Law Commission considers, for a variety of reasons, that [...]
What did you call me? The implications of being a de facto director Firstly, what is a de facto director? In Re Hydrodam (Corby) Ltd [1994] 2 BCLC 180, Millett J said: "A de facto director is a person who assumes to act as a director. He is held out as a director by the company, and claims and purports to [...]
Since Re Active Wear Ltd [2022] EWHC 2340 (Ch) challenged the decision in Hashmi v Lorimer-Wing [2022] EWHC 191 (Ch) (also known as Re Fore Fitness Investments Holdings Ltd), the general consensus has been that, where a company has adopted unamended model articles, Model Article 11(2) does not have the effect of requiring the company to have more than one [...]
What does a ‘good arguable case’ mean in the context of a freezing injunction? In the recent case of dos Santos -v- Unitel SA, [1] the Court of Appeal clarified this key threshold test for obtaining a freezing injunction. What are freezing injunctions? A freezing injunction[2] is a discretionary remedy which prevents the respondent from disposing of or dealing with [...]
That peaceful pathway that you have used as a shortcut every day on your walk home from work might seem convenient and easy to navigate, but it may just turn into a maze of legalities. In a decision earlier this year in Nicholson and Another v Hale and Another, the Upper Tribunal considered whether a small sign put up by the [...]
Under s.691(1) of the Companies Act 2006, a limited company may not purchase its own shares unless they are fully paid. But does this extend to the premium or does it only apply to the nominal value of the shares to be repurchased? What does fully paid mean? In the absence of any clarification in the Companies Act 2006 as [...]
UK Visas and Immigration (UKVI) are developing a digital immigration system. This means they are replacing physical documents with an online record of your immigration status, known as an eVisa. So with the change from BRPs to eVisas, what do you need to do? Biometric Residence Permits (BRPs) are being phased out from 1 January 2025 to be replaced with [...]
Update on the Renters’ Rights Bill: Key Changes and Implications for Landlords and Tenants The Renters’ Rights Bill was published on 11 September 2024, and had its second reading in Parliament on 9 October 2024. This Bill was introduced by the government following the abandonment of previous efforts to reform the residential rental market under the former Renters’ (Reform) Bill [...]
