Articles
November 2016
Retrospective Validation Order
Author: Nigel, Cook
In the case of Express Electrical Distributors Limited v Beavis and Others, the Court of Appeal considered an application for a retrospective validation order, following the disposition of property after the issue of a winding up petition.
November 2016
Landlords - Check Your Tenant's Immigration Status
Author: Caroline Walton
This article follows on from our previous discussion relating to the pilot scheme introduced by the Government under the Immigration Act 2014 whereby residential landlords were required to check the immigration status of their tenants before granting them a tenancy.
November 2016
Longmeade Ltd
Author: Nigel Cook
Longmeade was part of the UK Lehman Brothers group. It went into compulsory liquidation in 2010 and the Official Receiver (OR) was appointed liquidator. The company had the opportunity to participate in distributions from US and Canadian insolvency processes but these were irretrievably lost as a result of inaction by the OR. Eventually new liquidators were appointed in place of the OR and they obtained legal advice that the losses to the company could be recovered by bringing a negligence claim against the Government ‘s BIS Department. Funding was available both for their costs and also against an adverse costs order.
November 2016
Fieldfisher LLP v Pennyfeathers Limited
Author: Nigel Cook
This case involved an application by the plaintiff law firm for an administration order against its former client in respect of fees under a Conditional Fee Agreement (CFA). The CFA contained provisions for arbitration in event of dispute and it seems that the client challenged at least some of fees claimed.
November 2016
Short Term Let Breached Tenancy Agreement
Author: Caroline Walton
With an increase in the current trend of people advertising their residential properties as alternatives to hotels, on the internet or elsewhere, as a way to earn money, tenants need to tread carefully as they could be in breach of a covenant in their lease.
November 2016
Bankruptcy - Ulterior Motives
Author: Chris Millar
A debtor resisted a Petition against him upon the basis that the petitioner had an ulterior motive in seeking to make the debtor bankrupt, namely to obtain the debtor’s shares in a Spanish company.
November 2016
Assignments of Claims or Judgment Debts
Author: Chris Millar
A judgment debt can be assigned if it is in writing, unconditional, doesn’t purport to be by way of charge only, and relates to the whole of the debt. Notice of the assignment must be given to the judgment debtor. For enforcement of the Judgment, an Application will have to be made to the Court for the assignor to replace the assignee as judgment creditor.
November 2016
Pension Rights Protected in Bankruptcy
Author: Chris Millar
In the recent case of Horton v Henry, the Court of Appeal considered whether a bankrupt’s un-exercised right to draw down his personal pension should be included in his income assessment, and therefore payable to his trustee under an IPO within Section 310(7) of the Insolvency Act 1986.
October 2016
Inheriting ISA's - The New Death Benefits
Author: Joanna Pashley
Did you know that it is now possible for you to inherit your partner’s ISA savings? Before 6 April 2015, when a person died the ISA(s) tax benefits died with them. The effect being that if a spouse inherited money that they wished to reinvest in their own name, they could only reinvest into another ISA, up to their own ISA allowance for that year.
August 2016
Intention to Use a Property as an "Airbnb"
Author: Richard Cunningham
If you are considering joining the 80,000 British home owners who currently rent part or all of their property through Airbnb, then you should consider some of the pitfalls before you take that step.
