Insights
The latest company news, legal developments and industry updates.
The do’s and don’ts of party walls If you are thinking of undertaking development work at your property, caution will be needed if you have a party wall, as specific rules apply about what you can, must and must not do. In this article, we take a closer look at the planning and regulation issues in […]
Latest articles
All articles
What you need to know and what you need to do The Home Office has recently announced a series of immigration service price increases as well as changes affecting sponsor licence holders and employers recruiting under the Skilled Worker and Senior or Specialist Worker routes. We’ve summarised the key updates below and included our practical […]
What happens when one party has no termination rights? The recent decision in Zaha Hadid Ltd v The Zaha Hadid Foundation [2024] EWHC 3325 (Ch) provides important guidance on the interpretation of indefinite contracts and the limits of the restraint of trade doctrine. A dispute had arisen from a long-standing trade mark licence agreement that […]
Key Legal Considerations for First-Time Buyers Commercial property acquisition can be a financially rewarding and an exciting opportunity with long-term investment potential, rental income and the ability to shape or grow a business by way of owning a physical asset. However, buying a commercial property can also come with considerable legal, financial and regulatory issues. […]
In the recent case of Learning Curve (NE) Group Ltd v. Richard Lewis and Melanie Probert the issue of alleged breach of warranties and indemnities in a sale purchase agreement (SPA) came under scrutiny. Whilst the case was very much decided on its facts, the judgement contains some timely reminders and advice for those involved in […]
The Innovator Founder visa is now one of the faster routes to settlement in the UK. It’s designed for start-ups as well as experienced entrepreneurs who want to establish a UK business. It replaced the Innovator and Start up visa and was introduced to attract entrepreneurial talent. It is not the same as the Skilled Worker Visa under […]
There are a number of different circumstances in which you may need to conduct an internal investigation at your business. These include dealing with grievances and allegations of misconduct, harassment, discrimination, theft or fraud. These issues can, of course, also involve or give rise to complex areas such as legal or regulatory non-compliance and or […]
AI can collect and curate data at a rate that far surpasses anything that has gone before. Data that can now be collected also goes far beyond just names and can include addresses, financial and medical information and even social security numbers. Data is collected in a number of different ways including by way of […]
Government Approach and Legal Framework This time last year we wrote an article about AI and the workplace, acknowledging its potential whilst urging caution in certain areas. In the year since, whilst AI has continued to embed itself in our lives and become more and more mainstream at work, the legal difficulties that surround its […]
What’s Allowed and What’s Not In a post Covid world, where some or all of your employees may be working at least part-time from home, you may feel fully justified keeping an eye on their emails, the websites they visit whilst working and the calls they make. Or you may feel that checking their movements […]
An HR crisis can be either internal or external. An external HR crisis is usually accompanied by negative press or publicity. The sort of thing that happens when the CEO suddenly starts trending on X and for all the wrong reasons. We’ll cover this type of crisis in more detail in our next article. An […]
How careful do you have to be about who you do business with and might you be found liable to contribute to a contractor’s liquidation? Earlier this year, a Supreme Court decision in the case of Bilta (UK) Ltd v Tradition Financial Services Ltd [2025] UKSC 18 provided some clarification, as well as a timely reminder […]
In May, the government published its “Restoring control over the immigration systems” White Paper. The stated aims behind the proposals contained in the report are to reform “Britain’s immigration system, restoring control to our borders and reducing record-high levels of net migration”. The measures proposed are designed to make it harder to move to and […]
In this second article in our series about commercial rent arrears, we take a look at requests for rent concessions by tenants and the pros, cons and implications for the landlord. What is a request for a rent concession? A rent concession is a reduced rent offer provided by a landlord to a tenant. This can […]
In an uncertain economic climate and with more and more businesses struggling, commercial rent arrears are an increasingly common problem for landlords and tenants. From a tenant’s perspective, they may be struggling with cash flow, business operations and the overall financial health of the business. From a landlord’s perspective, the challenge is how to support […]
The Building Safety Act 2022 (BSA) introduced new rights and powers for tenants and property owners to help make homes safer and redress various failings. This included the introduction of Building Liability Orders which are designed to ensure corporate bodies associated with a building are held accountable for building safety risks where appropriate. Whilst there […]
If a landlord wishes to redevelop a property, they may face the challenge of having to remove an existing tenant who has security of tenure. In these circumstances, the landlord will have to rely on Section 30(1)(f) of the Landlord and Tenant Act 1954 under which they will have to establish a genuine and reasonable […]
If you are a company director or in a position of trust, you will probably be deemed to be a fiduciary. That in turn means you have certain fiduciary duties and responsibilities, and it is important that you know and understand what they are. Summary A fiduciary is expected to act in good faith and […]
The Law Society has announced a new two form approach to the TA6 effective from March 2026. The change has been introduced following a period of consultation. The current form TA6 The Property Information Form (TA6) is designed to be completed by the sellers of a property using the information that they have about their […]
Whilst there may be many important reasons for a business relocation, employee relocation always requires careful and sensitive handling. Failure to do so can result in damage to employee morale, employees leaving (with the associated costs of replacing them) and possibly redundancy or breach of contract claims. It’s not hard to see how a badly […]
Finding the right skilled employees in the UK can be a challenge, particularly in certain sectors and post Brexit. That means as a business, you may be seeking to recruit talent from overseas. If you are, there are the inevitable immigration issues to contend with and as part of that, your business will need to […]
In the last few years, ADHD has found itself in the spotlight with much greater public awareness of it as a disorder and with a significant increase in diagnosis. In particular, and for a variety of complex reasons, there has been an increase in late diagnosis in adults and notably, in women. As a result, […]
With hybrid and flexible working hitting the headlines again recently, and some big employers insisting their employees return to the office, you may be left wondering, what are my employee rights and do I have the right to work from home for some or all of the working week? So in this post, we take […]
The Covid pandemic created the biggest change in workplace practices in over a generation. Five years on, a BBC Panorama programme that aired in January 2025, highlighted the ongoing issues and disquiet that surround remote and hybrid working. Hybrid working is the practice of working some days in the office and some days at home. […]
In this, the final article in our Guide to Commercial Leases series, we explain three final but important areas to be considered when negotiating a business lease, namely alienation, alteration and repairs. Alienation of a commercial lease Alienation of a commercial lease generally refers to a tenant transferring the lease to a third party either […]
In this, the third article in our Guide to Commercial Leases series, we take a closer look at some of the main terms that will need to be negotiated and agreed, namely: deposits and security, rent, service charges and insurance. Negotiating deposits and security When agreeing a commercial lease, a landlord will usually require some […]
In this second in our four-part Guide to Commercial Lease series, we take a more granular look at some of the preliminary issues of a commercial lease that you need to consider before entering into a commercial lease. These include identifying a suitable property, due diligence, understanding security of tenure and break clauses. Clarifying your […]
If you are considering entering into a commercial lease for your business or if you’re coming to the end of your commercial lease and wish to negotiate a new one, it’s important to understand the rules, duties and issues involved. It can be tempting to deal with the negotiation and agreement of commercial leases without […]
Under the Building Safety Act Section 125 The Building Safety Act 2022 (BSA) was introduced following the Grenfell Tower tragedy in 2017 in order to address concerns in respect of safety in high-rise residential buildings. It came into force from 1 April 2023. It was designed to give residents and homeowners more rights, powers and protections […]
New planning enforcement time limits came into force from 25 April 2024 (subject to transitional arrangements). The changes will have significant implications for those affected by them. Planning enforcement summary A breach of planning control is defined in section 171A of the Town and Country Planning Act 1990 (TCPA) as: Local planning authorities have responsibility for taking […]
A settlement agreement is a legally binding contract entered into between an employer and an employee. It is usually used to resolve a dispute between the parties or to terminate the employment relationship and once you’ve signed it, there is no going back. With this in mind, there are certain elements that are essential in […]
It’s no secret that an attractive and flexible employee benefits package is good for employee recruitment, retention and all-round employee wellbeing. However, whilst administering your employee benefits is usually the domain of your HR team, it’s important to work closely with your legal team to ensure your employee benefit offering is fit for purpose. Your […]
In July 2024, the new government confirmed in the King’s Speech that it would bring forward an Employment Rights Bill. This was part of their pre-election publication Plan to Make Work Pay: Delivering A New Deal for Working People. The Employment Rights Bill was published on 10 October 2024 and contains 28 significant reforms. At the […]
What Can I Say About My Former Employer? A gagging clause is a term used in an employment context to set out what an employee can or cannot say about certain situations or information. For example, perhaps an employee has made a claim against their former employer for unfair dismissal, constructive dismissal or discrimination. Gagging […]
For new and developing businesses, fundraising is often a critical if exciting key stage of the process. If and when investors are found, an Investment Agreement is an important document that should protect and provide guidance to all parties, including the business, the shareholders and the investors. In this article, we take a look at […]
When the UK left the EU following Brexit, the co-ordination rules for insolvency proceedings between member states ceased to apply to UK courts, making life for creditors and insolvency practitioners more complicated. UK insolvency proceedings ceased to be automatically recognised in EU member states and similarly, EU insolvency proceedings ceased to be automatically recognised in […]
So you’ve received a settlement agreement from your employer: what now? A settlement agreement is a legally binding contract made between an employer and employee. They are normally used where there is an employee/employer dispute and/or to terminate a contract of employment. The point of a settlement agreement is to resolve all the issues between […]
The Leasehold and Freehold Reform Act 2024 received Royal Assent in May 2024. The Act includes substantial changes for landlords, leaseholders and management companies with the aim of giving homeowners more rights, power and protections over their homes and making it cheaper and easier for people to extend their lease or buy their freehold. In […]
A Sponsor Licence only allows the legal entity granted the licence to sponsor workers. Therefore what happens if a global organisation or a company with a number of different branches needs to transfer an employee to one of its related companies that is not a licence holder? In this post, we take a look at the options and requirements involved.
When negotiating a share or asset purchase agreement, the extent of a seller’s liability in the event of a claim under any of the warranties is an important issue that requires careful consideration. In this first article in our series about limitation of liability, we explain the background to such limitations and take a look at the two most common types of limitation of liability, namely financial limits and time limitation.
Guidance on relief from sanctions and late applications to amend In March 2023, the Court of Appeal handed down judgment in the case of CNM Estates (Tolworth Tower) Ltd v Carvill-Biggs & Anor [2023] EWCA Civ 480. It’s a case in which RSW Law acted for the claimant in the Court of Appeal. The judgement related […]
Warranty claims notification clauses are a standard feature of a share purchase agreement (SPA). They require that written notice of a warranty claim must be given within a specified deadline, and they also normally require that any claim must be commenced within a specified time from the date of any notice of claim. Their purpose is […]
With insolvent estates, there are a number of different options and both creditors and beneficiaries may be affected (adversely or beneficially) depending on the approach that is taken. The deceased’s personal representative can wind up the estate (although this can be complex and not without risk), or a creditor can apply for the estate to […]
When unforeseen circumstances make it difficult or impossible for a business to fulfill its obligations under a contract, is there any way to avoid liability? We take a look at the two possible options, force majeure and frustration. With the widespread disruption caused by the pandemic, many businesses have found that, through no fault of […]
With tech now more vital than ever for most businesses, the failure of an IT service provider can be catastrophic. As businesses suffer from the knock-on effects of the pandemic and insolvencies look set to increase, it is important for businesses to protect themselves as far as possible in their commercial relationships and IT contracts. […]
Housing Secretary Robert Jenrick has announced leasehold reform measures that leaseholders in England will be offered the chance to extend their lease by up to 990 years, with no ground rent payable. The reform will be welcomed by an estimated four and a half million people, some of whom are currently struggling with excessive ground […]
Bath Rugby Club has been told by the High Court that a restrictive covenant preventing development must be observed, even though it is not obvious exactly which land benefits. The case, Bath Rugby Ltd v Greenwood & Ors (pre-1926 restrictive covenants affecting land) [2020] EWCH 2662 (Ch), involved the proposed development of a new 18,000-seater stadium […]
In the summer of 2020, the government pushed through a new bill to relieve the burden on businesses during the coronavirus pandemic. The Corporate Insolvency and Governance Act 2020 (the Act) contains both temporary and permanent measures designed to help businesses survive difficulties. The permanent reforms are as follows: Key temporary measures are: Company moratorium […]
An Employment Appeal Tribunal case has examined what constitutes acceptance of a repudiatory breach of an employment contract in a constructive dismissal case. When a breach of contract is so serious that it is held that the contract has been terminated, this is referred to as a repudiatory breach. It is normally the case that […]
A recent case has highlighted the importance of ensuring that any third party interests involved in a transfer of land are entered into the Land Register. The case of Ghai, Ghai and Somal v Maymask (228) Ltd [2020] UKUT 293 (LC) found that even if receivers have been appointed, the sale of a property to a third […]
A recent High Court judgment has found that notifying third parties outside of England and Wales about the existence of a worldwide freezing order is not an abuse of process. Freezing orders are intended to stop a defendant from dealing with or disposing of assets in order to put them beyond the reach of any […]
