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High Court finds that a landlord’s right to forfeiture cannot be altered by a CVA

24 Sep 2019

On 19 September 2019, the High Court ruled on the landlords’ challenge against Debenhams’ CVA and found:- 1. Future rent falls within the definition of a debt and therefore landlords are creditors bound by a CVA; 2. A CVA that reduced rent under an existing lease is not automatically unfair; 3. The right to forfeiture […]


HR Bulletin - August 2019

14 Aug 2019

Case Law Update Kocur v Angard Staffing Solutions Limited – Agency Worker Regs do not give agency workers entitlement to same hours as permanent employees The Agency Workers Regulations 2010 entitles an agency worker to the same conditions of work as a permanent employee. Mr Kocur was an agency worker providing temporary services to the […]


Building families through surrogacy: A new pathway

08 Aug 2019

Becoming a parent is the greatest day in many people’s lives, and more and more people are turning to surrogacy to start a family, yet the laws governing surrogacy came into effect in the mid-1980s and in the view of many legal practitioners need updating. In the UK, surrogacy is governed by the Surrogacy Arrangements […]


Shareholders’ agreements: Everything you need to know

05 Aug 2019

We understand that it can be a struggle to find time to get your company’s housekeeping straight. In particular, it’s not always obvious why it’s worth putting in place a shareholders’ agreement. If your company is a private company limited by shares, ensuring that all shareholders are happy from the outset with their protections and […]


HMRC Inspections: My business is being targeted - what do I do?

10 Jul 2019

HMRC has established several taskforces to focus in on various tax evasion hotspots, which are yielding big returns for the tax authority. Why might my business be a target for a HMRC tax investigation? For some businesses, handling mainly cash transactions has made it easier for them to commit fraud by under-declaring their income. Such […]


Developers – Divide and Conquer!

06 Jun 2019

The housing crisis may in fact help developers solve the housing act! Confused – read on.   Historically, neighbours have relied on restrictive covenants to prohibit the subdivision of larger properties, but perhaps, not for much longer.   S610 Housing Act 1985 provides scope for challenging restrictions that prevent the conversion of larger units into […]


The buck stops with you...or does it?

14 May 2019

A company is a distinct legal personality, but there are circumstances where directors (the decision-makers) and shareholders (the owners) of companies can be held personally liable for the actions of a company, such as when they act outside of their authority or don’t follow the rules, a few examples of which are set out below: […]


Why ‘common law marriage’ is a myth

03 May 2019

The number of unmarried couples living together in the UK is the fastest growing family-type. In a survey carried out by Resolution, the national organisation of family lawyers, it was found that two-thirds of cohabiting couples were under the misconception that ‘common law marriage’ exists when separating their finances upon the breakdown of the relationship. […]


Tenant Fees Act 2019 to come into force on 1 June 2019

18 Feb 2019

On 12 February the Tenant Fees Act 2019 received Royal Assent.  The Act restricts the ability of landlords and letting agents to charge certain fees to tenants and prospective tenants of assured shorthold tenancies, residential licences and student accommodation in England. The provisions will come into force on 1 June 2019 for new and renewal […]


Government consults on SDLT surcharge on acquisition by non-UK residents of residential property

18 Feb 2019

On 11 February HM Treasury and HMRC published a joint consultation in respect of a proposed 1% SDLT surcharge on non-UK residents purchasing residential property in England and Northern Ireland. This measure was first announced in the Autumn 2018 Budget. Key features of the proposal include: A surcharge of 1% on top of existing SDLT […]


What SME business owners can learn from the Bezos divorce

25 Jan 2019

This week, Amazon CEO Jeff Bezos and his wife of 25 years, MacKenzie, announced their divorce. Considered to be the world’s wealthiest man, Jeff has an estimated fortune of around $137 billion. With no pre-nuptial agreement or post-nuptial agreement apparently in place, MacKenzie is expected to receive half of his amassed fortune upon completion of […]


No-Deal Brexit: Commercial Contracts/Relationships

16 Jan 2019

On the 15 January 2019, MPs overwhelmingly rejected Theresa May’s proposed Brexit deal. Assuming she survives today’s no-confidence vote, the PM now has a further period of three working days to present a revised deal or submit a different approach.  If there is not a general consensus in parliament for this (or she does not […]


Brexit No-Deal: Data Protection Impacts

16 Jan 2019

Yesterday (15 January 2019), MPs voted against Theresa May’s proposed Brexit deal and the PM today faces a vote of no-confidence. If May survives the vote, she will have three working days to come up with and present to MPs a “Plan B”. Failure to receive backing for Plan B could result in a “no-deal” Brexit. […]


Supreme Court ruling changes landscape for landlords and tenants

17 Dec 2018

A recent Supreme Court ruling has given tenants increased rights As most landlords and tenants will know, where a property is occupied by the tenant for the purposes of its business and is not contracted out of the Landlord and Tenant Act 1954 (the “Act”), a tenant will have security of tenure, which means they […]


The Dangers of Distribution

10 Dec 2018

As shareholders and/or directors of successful businesses, many of our clients are regularly dealing with distributions, but we find that they are not always aware of the complicated laws surrounding how distributions can be lawfully made. These laws are designed to protect creditors. What is the danger? If distributions are unlawful, they can be clawed […]


Merry Fake-mas: Protecting Clients from Counterfeiting

06 Dec 2018

With Christmas just around the corner, many consumers will unwittingly end up with counterfeit goods under their tree. Here, Bruce Jones and Helen Harmel, brand protection experts from Kuits’ intellectual property team, explore the prevailing landscape for consumers, manufacturers and retailers. More than half of British consumers have bought a counterfeit product online in the […]


Tribunal decision gives telecoms operators increased access rights

16 Nov 2018

An important decision of the Upper Tribunal (Lands Chamber) in favour of the operator suggests that operators will be more forceful in their approach to dealings with landowners. Landowners will be forced to allow operators onto their land for initial non-invasive inspections where they compensate the landowner and it is in the public interest for […]


Moving in for Christmas? – Five questions you need to consider

13 Nov 2018

Cohabiting couples now make up a large percentage of families in the UK and this is expected to rise further as the cost of living increases and the financial pressures faced by millennials means that for many the dream wedding is taking a back seat. Statistics released by Resolution, a national organisation of family lawyers, […]


What is a CVA and how do they work?

24 Oct 2018

With the rise of company voluntary arrangements (CVAs) in the retail sector, Kuits’ insolvency specialist, Vanessa Stuart, sets out the steps landlords should be taking to fight-back. What is a CVA? A CVA is an alternative insolvency procedure designed to save a company by allowing it to restructure its business (by managing its cash flow, […]


This week’s family law news: “quickie divorce” and who keeps the pet pig

17 Oct 2018

The “highlights” of celebrity break up news in this week’s tabloids are undoubtedly Ant McPartlin’s “quickie divorce” from wife Lisa and Ariana Grande’s split from fiancée Pete Davidson.  We take a closer look behind the headlines to bust some popular myths. There is no such thing as a quickie divorce Contrary to what the tabloids […]


Back to school, but who’s paying the bill?

10 Sep 2018

Following the breakdown of a relationship, arguments about who is footing the bill for your child’s private education can add further stress to an already emotionally and financially challenging time. Below, we aim to ease this stress by taking a look into the key issues and options for separated parents. Your concerns When your relationship […]


Cryptocurrency: the unpaid tax bill HMRC is waiting to cash in

01 Sep 2018

As Bitcoin nears its 10th anniversary, billions will have been made and lost by speculators and investors. However, many who have invested will have failed to declare any profits made to HMRC. Here, Paul Bricknell, tax partner for Manchester commercial law firm Kuits, warns that companies and individuals need to seriously consider registering to disclose their […]


Landlords, take note: new licensing regime for houses in multiple occupation (HMOs)

19 Jul 2018

Mandatory licensing for houses in multiple occupation (HMOs) is due to come into effect from 1st October 2018. This will replace the current regime, which currently affects houses occupied by more than five people, living in two or more separate households over three storeys. A common example is student housing. The new regime will apply […]


The sleep-in crisis: the Court of Appeal overturns judgment for £400 million back pay

19 Jul 2018

In February we reported on the high-profile employment tribunal decision that determined that care workers must receive the national minimum wage, as opposed to a flat-rate fee, for ‘sleep-in shifts’ (overnight shifts during which they are permitted to sleep). This sent shockwaves across the care industry and threatened to bankrupt many smaller businesses who faced […]


What the Mills v Mills case tells us about spousal maintenance: The importance of a financial order

18 Jul 2018

The Supreme Court has confirmed that the Court of Appeal was wrong to take into account a former wife’s housing costs when increasing her spousal maintenance award on an appeal brought in 2014, despite provision having been made specifically for her housing costs as part of a capital award agreed in 2002. The Court of […]


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