A cafe bar has won damages from a rival firm that set up using a similar name. Bocacina Ltd had operated a successful bar, restaurant and gallery inBristolsince 2005. It was sometimes referred to locally as the Bocabar or just Boca, and some of its meals and services were provided under the mark of ‘boca’.
Under the Companies Act 2006, a company shareholder can petition the Court where the conduct of the company’s affairs have been unfairly prejudicial to that shareholder. It is not necessary to show that the persons controlling the company’s affairs have acted deliberately or in bad faith towards that shareholder, although it helps. It should be
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An electricity supplier which undercharged a company over several years has been told it cannot now recover the £50,000 outstanding on the account. A court has also ordered that it must pay the company compensation for wrongfully disconnecting its power supply. The case involved EON energy and a company that operated an antiques market. The
When setting up a new company, it’s important for directors to ensure that all the legal requirements are fully met and that everyone involved understands their rights and responsibilities. Failure to do so can soon lead to confusion and legal action, as illustrated in a recent case before the High Court. It involved two men
A homeowner has been awarded compensation for damage caused to his property by the roots of a hedge belonging to his neighbour. The issue first arose in 2006 when the homeowner noticed cracks in his property. Structural engineers investigated and reported that the damage was most likely caused by the roots from a cypress tree
An accountant must pay £943,000 damages to a client after giving him negligent advice about saving tax during the sale of a business. The case involved a successful entrepreneur who was in the process of selling his company for £8.5m. He was liable to Capital Gains Tax (CGT) on 10% of that figure. He engaged
The economic downturn has made both landlords and tenants extra keen to minimise potential losses when leases come to an end. A recent case in the High Court involved a dispute over the condition of a set of roof lights on a single-storey warehouse. The lease had required that the tenant should “keep the whole
A neighbour dispute over relatively trivial matters has led to financial disaster for one side and divorce for the other. The judge described it as a “sad and regrettable dispute” and urged the warring parties to make peace. The case involved a teacher and a photographer who made a series of complaints about each other’s
From 1st April 2013, the Small Claims Track increased from claims valued up to £5,000 to £10,000. Lower limits will apply to personal injury and housing disrepair claims. Although these claims will still be dealt with in the County Court, significantly different rules apply to claims once they are allocated to the Small Claims Track.