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Dispute Resolution

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Landlord entitled to recover rent arrears during lockdown

The pandemic has caused serious problems for both landlords and tenants, particularly those operating in the non-essential retail sector who have had to endure numerous closures during the past year. Since March 2020 many commercial tenants have withheld the payment of rent using the COVID restrictions as justification. The landlords’ usual routes for the recovery […]

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Litigants in person should not be treated any differently

A litigant in person has been ordered to pay almost £100,000 in costs after the High Court ruled that unrepresented litigants cannot expect special treatment from the Court. In the recent case of Sir Henry Royce Memorial Foundation v Hardy, Mark Hardy, the former Finance Director of the Foundation, brought an unsuccessful claim against its […]

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New Rules for Drone Operators

Over the last few years, drones have become increasingly popular among both individuals and businesses (such as for photography purposes and delivery use), and the drone market is particularly lucrative. If you already fly a drone, or if you’re thinking about flying one, you will be interested to know that the UK has announced new […]

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Trade mark wars: Colin v Cuthbert

Over the past week the news of Marks & Spencer suing Aldi for infringing its trade marked “Colin the Caterpillar” cake has dominated the headlines. M&S launched its beloved caterpillar-shaped chocolate cake back in the 90’s and has multiple registered trade marks over “Colin the Caterpillar”, giving it the exclusive right to use of “Colin […]

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Negative reviewers beware

The recent case of Summerfield Browne Limited -v- Waymouth is a cautionary tale for customers who post negative reviews about goods or services which they have received. In that case, Mr Waymouth instructed Summerfield Browne, a firm of solicitors, to enforce a Court Order that he had obtained. He was not happy with Summerfield Browne’s […]

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Can employers require employees to take the Covid-19 vaccination?

According to a BBC report, Pimlico Plumbers (Pimlico), a large plumbing firm in London, plans to rewrite all of its worker’ contracts to require them to be vaccinated against coronavirus. The firm has since clarified that it will not be forcing existing members of staff to be vaccinated. However, once vaccinations are readily available, it […]

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Business Interruption Insurance: FCA Case Update – Supreme Court Judgment

On 15 January 2021, the Supreme Court handed down its judgment in the FCA Business Interruption Insurance (BII) case. A copy of the full judgment can be viewed here. In short, the Supreme Court largely agreed with the decision of the High Court given on 15 September 2020 and found in favour of the FCA […]

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Update: ‘Final’ Commercial Eviction Ban Extension

On Wednesday 9 December 2020 the Government announced that commercial tenants who are unable to pay their rent will now be protected from eviction on the grounds of  non-payment of rent until 31 March 2021. The ban, set out in section 82(1) of the Coronavirus Act 2020 (the Act), was previously due to expire on […]

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COVID-19: Loan Schemes Under Scrutiny After Rise In Fraud Claims

In a bid to reduce the devastating impact of the Coronavirus pandemic on UK businesses and in particular to SMEs, the government launched a number of loan schemes earlier this year, including the Coronavirus Business Interruption Loan Scheme and the Bounce Back Loan Scheme. These schemes were introduced with the aim of providing some much-needed […]

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COVID-19 and business interruption insurance

A major shock to the insurance sector was received on 15 September 2020 when the High Court handed down judgment in the test case brought by the Financial Conduct Authority (the FCA) in relation to business interruption insurance. The FCA represented those businesses who claimed to be entitled to a pay-out. Opposing the FCA, eight […]

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