Financier ordered to repay €172m after contract failures

Company Commercial

A financier and his associated companies have been ordered to pay €172 million over contract errors and their failure to meet agreed deadlines. The dispute involved Heritage Travel and Tourism Ltd v Lars Windhorst & Ors. The parties had entered into commercial agreements that led to Heritage providing large short-term loans to Windhorst and several

Directors can continue running business despite disqualification

Company Commercial

Two directors have been granted permission to continue running their companies despite being disqualified for breaching regulations. The court accepted that they were essential for the continuation of their business and hundreds of jobs could be a risk if they were not allowed remain at the helm. The case involved two directors of a company

Court upholds adjudicator’s award to honour contract

Company Commercial

The High Court has upheld an adjudication award made to a construction firm following a contract dispute involving allegations of defective work. The case involved Davis Construction (South East) Ltd v Sanzen Investments Ltd. Davis had been engaged by Sanzen to construct 25 residential units under a JCT design and build contract. Clause 9 provided

Father granted access to business records in family dispute

A father has been granted access to information concerning the family businesses of which he was a director. The issue arose because he was in dispute with his son and daughter-in-law, who were also directors. The family business comprised of companies that operated residential care homes. The father and mother established and ran it on

Directors breached their duties when setting up their pensions

Company Commercial

The High Court has ruled that two directors breached their legal duties when they used company property to fund their pensions. The case involved a company that had been incorporated in 1998 to take over a volunteer-run project that renovated and resold donated furniture. In 2001 the company bought a property as its premises. Some

Interior designers win dispute over hotel ‘five-star finish’

Company Commercial

A firm of interior designers have won a contract dispute over unpaid invoices for their work refurbishing a hotel requiring a “luxurious 5-star feel”. The case involved Phoenix Interior Design Ltd v Henley Homes plc. Henley engaged Phoenix to provide interior design services, furniture and fittings for a new apartment hotel in Scotland. The brief

Legal implications of Covid-19 on the manufacturing sector

As we start to emerge from the Covid-19 pandemic, we address at some of the issues which have arisen for our commercial property, corporate and employment clients in the manufacturing sector and what this may mean for the industry as a whole going forward. To download the document, please click here https://www.machins.co.uk/wp-content/uploads/2021/07/Legal-Implications-in-the-Manufacturing-Sector.pdf

Marketing firm entitled to enforcement of non-compete clause

The High Court has upheld a marketing company’s restrictive covenant preventing its sales advisors from competing with it for a six-month period. The case involved Credico Marketing Ltd v Lambert. Credico provided direct marketing services which were conducted by independent sale advisors (ISAs) by methods such as door-to-door sales. It did not contract directly with

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