A company has lost $3m dollars because it had agreed to contradictory contract terms when entering into a purchase agreement. The case involved Septo Trading Inc, which contracted to import fuel oil supplied by Tintrade Ltd. The terms were recorded in an email confirmation (the Recap). A clause in the Recap stated that a quality
Three well-known national companies have failed to stop a rent arrears claim against them despite arguing that their businesses had been adversely affected by the Covid-19 pandemic. The case involved two commercial landlords and their tenants Cine-UK Ltd, Sports Direct and Mecca Bingo. The landlords applied for summary judgment in claims for rents due under
In the management of any business, the balance between cost and risk is critical. We recognise that taking legal advice on employment matters is a cost to our clients’ businesses and it is important to drive that cost down as far as reasonably possible; however, where cost is squeezed, risk can increase. By waiting to
The newly appointed Small Business Commissioner is to spearhead a national effort to crack down on late payment of invoices – which cause thousands of small businesses to close every year. Former journalist Liz Barclay will be the first woman to hold the position, which was created in 2016 to help small businesses secure the
The Court of Appeal has ruled that a group of leaseholders were not responsible for the cost of repairs if those repairs also made good fundamental structural defects in their properties. The leases related to flats situated in a large block constructed in 1957. They were for 125-year terms and were originally granted under the
A commercial landlord has won a dispute over unpaid rent of more than £166,000 despite the tenant citing Covid-19 as the reason for its failure to pay. The case involved Commerz Real Investmentgesellschaft MBH and TFS Stores Ltd. Commerz was the leasehold owner of the Westfield Shopping Centre. TFS was the tenant of one of
A firm’s equality and diversity training has been dismissed by the Employment Appeal Tribunal as stale and ineffective against preventing harassment. The case involved Allay (UK) Ltd and Mr S Gehlen, who was of Indian origin. Mr Gehlen had been dismissed due to his performance. Following his dismissal, he complained that a work colleague had
A bus driver who knocked down a cyclist after he made obscene gestures towards him has lost his claim of unfair dismissal. Sam Beech had worked for Lothian Buses for 11 years until he was dismissed in September 2019 for gross misconduct. It all hinged on an incident when Beech was moving away from a
A bank worker has won his claim of unfair dismissal after he was made redundant following the breakdown of his relationship with his bosses. Joynal Choudhury had worked for Gatehouse Bank since 2015 and took on a new role as head of real estate in March 2018. He immediately suffered a strained relationship with his
The Court of Appeal has confirmed that an employer could be justified in not re-engaging an unfairly dismissed employee if it had a rational belief that he could not carry out the duties required in a new role or if there had been a genuine breakdown of trust. The case involved Mr Scott Kelly, who