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 [...]
Solicitors frequently use the term “material adverse effect” but what does it mean? In BM Brazil I Fundo De Investimento Em Participacoes Multistrategia v Sibanye BM Brazil (Pty) Ltd [2024] EWHC 2566 this was considered by the High Court in relation to a no material adverse effects condition in the share purchase agreements governing the transaction. The High Court considered whether the [...]
The Employment (Allocation of Tips) Act 2023 came into force on 1 October 2024 (the Act). The Act makes it mandatory for all tips to be passed onto workers without deductions. The underlying principle is that employees will receive tips, gratuities, and service charges in full, and they must be allocated in a fair and transparent way by their employer. [...]
