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Minor Children and the Inheritance Act

Different categories of people can bring claims against an estate under the Inheritance (Provision for Family and Dependants) Act 1975. The Act enables an applicant to challenge a Will (or intestacy if there is no Will) on the basis that it has failed to make reasonable financial provision. The categories of eligible applicants include children...

Manufacturing Assets and Security

When a company receives a loan from a lender, it is common that a lender would require security (also referred to as a charge) over that company's assets. A lender would often take security in the form of a debenture, which has particular nuances that should be considered in the context of a manufacturer. What is a debenture?  It is a form of...

Tenant's Fit-Out Works and Insurance: Who Takes On The Risk?

The question of insurance is often a reoccurring issue when it comes to the procurement of fit-out works to a premises that forms part of a larger multi-let building. Tenants need to consider insurance for the existing building and insurance for the fit-out works. Whilst the agreement for lease or license to alter enables the fit-out works to be...

The Danger of Mutual Wills: Why to Avoid Them

Mutual Wills were once a popular method for couples to jointly manage their estate and ensure their assets were distributed according to their wishes upon their passing. They are becoming increasingly unpopular and problematic, with many Will practitioners advising their clients to avoid them given the difficulties that arise following the first...

Dilapidations – How Are Damages Assessed?

Most commercial leases include obligations in relation to repair, decoration and yielding up at the end of the lease. Where a tenant is in breach of those obligations, the landlord will seek to bring a claim against the tenant for the losses which it suffers as a result of those breaches. However, the assessment of those damages is often...

How Much Spousal Maintenance Can I Claim On Divorce?

Spousal or civil partner maintenance is also known as a periodical payments order. This is an order that either party to the marriage or civil partnership shall make to the other periodical payments (maintenance) for such term as specified by the order. Whilst there is an expectation in the eyes of the Family Law courts that both parties will...

My Customer is Disputing a Debt: What Can I Do?

If, as a business, you find yourself in a position where one of your customers is disputing a debt owed to you, there are a few steps you can take to try and recover the debt.   Before attempting to recover a business debt from a customer, you must first gather all of the evidence you have which shows that the debt is due and owing. The easiest...

Commercial Agency Update: Government Abandons Plans to Revoke All Retained EU Law

Landmark €1.2billion Fine Issued to Meta for Data Breaches

Meta (owner of Facebook and Instagram) has received a landmark fine of € 1.2 billion for breaching data protection law when handling EU citizens' data via its Facebook service. The largest fine ever issued under the General Data Protection Regulation ( GDPR ).  The  fine follows the European Data Protection Board's ( EDPB )  investigation into...

A Guide to Overage Provisions of Land

An overage provision is a contractual arrangement that allows the seller of land to receive additional payments in the future if certain conditions are met. Typically, these conditions relate to the future use or development of the land. Benefits of overage provisions There are several benefits to incorporating an overage provision into a land...

Are There Limits to a Professional Adviser’s Duty of Care?

The fundamental premise of professional negligence actions is that a business or individual can rely on the advice a professional adviser gives them. However, in order to have a valid negligence claim against the professional, there are certain criteria which must be proved. The first of these is to establish that the professional you are...

Breaking Up Is Hard - Protected Tenancies and Landlord Redevelopment

The recent case of  B&M Retail Limited v HSBC Bank Pension Trust (UK) Limited  highlights two important issues. Firstly, that entities must have secure procedures in place to avoid notices being missed. Secondly, that the Court will not interpret the Landlord and Tenant Act 1954 in a way to hinder landlord redevelopment.