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Reversing European or Foreign Court Judgments

As the world becomes smaller, we’re witnessing more and more Court Judgments being obtained by Claimants, often in Spain, France or popular ex-pat, or second-home destinations where a Defendant hasn’t participated in the Court process.  Sometimes this is extremely unfair; Court papers may have been served in accordance with local

Bullying and discrimination in the workplace

Bullying and discrimination in the work place happens far too often. It can happen to anyone at any level, in any organisation and for any reason. In cases of bullying and discrimination,  it can affect anyone in an organisation from a Chief Officer in a large public organisation to a

What is Intellectual Property?

A question often asked is ‘what is Intellectual Property and how do I protect it?’ The basic concept of Intellectual Property (“IP”) is that of protecting the products, results and rewards of human and commercial enterprise. The property rights of those ‘things’ (be it a slogan, design, brand or invention

Dilapidatiaons – A legal overview

What are dilapidations? Dilapidations generally refer to items of disrepair that are covered by covenants given by a tenant to a landlord in a formal lease of commercial property.  In this article, the term “dilapidations” covers breaches of the tenant’s covenant relating to the physical condition of the premises when the

Imminent changes to repossession laws

From Oct 1st 2018 if you wish to repossess a property, all tenancies new and old should be treated in the same way… The introduction of the Deregulation Act on 1st October 2015 ‘The Act’ brought with it some substantial changes that landlords and property managing agents should already be aware of

Bailiffs and the law

Common questions we get asked about bailiffs their powers What are bailiffs not allowed to take? Exempt goods and anything not belonging to the debtor. Items necessary in your employment, education or business to a maximum allowance of £1350 combined value. Items necessary to the basic needs of the debtor and his

CVAs and Commercial Property

A practical guide for Landlords and Tenant Retailers We asked Lloyd Biscoe from Begbies Traynor Southend, business rescue and insolvency practitioners, to give some practical guidance on Company Voluntary Arrangements (CVA) and in particular how they affect landlords and tenants of commercial property. With House of Fraser, Gourmet Burger Kitchen, Jamie’s

Legal updates from BTMK

Trees - inspection How often should a landowner inspect trees (in case they fall down and cause damage)? The Court of Appeal has recently given guidance, in the context of an Local Authority which had trees abutting the highway (i.e. a high-risk area). The Local Authority had introduced a fixed three-year

A new pilot scheme to limit legal costs

From the 14th January 2019 a new 2 year pilot scheme has been introduced to limit legal costs involved for certain Business and Property Court cases valued up to £250,000. We’re all too familiar with the challenges the cost conundrum poses to many SMEs when it comes to litigation concerning business