In this podcast Stephen Baker and Ishwari Sharma, dispute resolution lawyers at Herrington Carmichael, discuss the principles that apply when a shareholder is unfairly prejudiced in relation to their shareholding by the actions and decisions of a controlling cohort of...
Enforceability of Personal Guarantees Personal Guarantees A personal guarantee is a legally binding obligation on an individual to repay a third party’s debt or borrowing. Effectively, if a company or primary debtor does not pay or is unable to pay a debt, then a...
Do you have a Construction Contract? The introduction of the Housing Grants, Construction and Regeneration Act 1996 (‘Construction Act’) brought about fundamental change in the construction industry and was aimed at addressing unfair payment practices, which was...
Right to Manage for Shared Ownership Flats There has been some confusion as to whether leasehold “tenant owners” of flats who are acquiring a full interest via the shared ownership route are entitled to use the Right to Manage legislation. That has now been resolved...
Is the end now nigh for No Fault evictions? For more than 30 years, landlords have relied on section 21 of the Housing Act 1988 and the accelerated possession procedure to end tenancy agreements after their initial fixed period, simply because those tenancies’ terms...
To have or not to have – What is testamentary capacity? In England and Wales, a person making a will must be able to fully understand what they are doing at that time. Legally, this called having ‘testamentary capacity’. If a person did not have testamentary...
Assumption of Responsibility – The other side of the fence The thorny issue of assumption of responsibility in professional negligence cases continues to tax the judicial system. The case of McClean v Thornhill centred around whether an eminent tax barrister was...
Male Heirs, Beliefs and Culture vs UK Law The rich tapestry of different cultural and ethnic backgrounds present in the United Kingdom can on occasions lead to a clash between the application of the laws of the land and an individual’s deeply held beliefs and cultural...
Are you looking to contest a Will or perhaps you are experiencing a probate or inheritance dispute? Our dispute resolution team are talking about Wills, inheritance and probate disputes. The Legal Room UK · Disputing Inheritance - What is contentious probate? Listen...
Adverse possession is a legal principle by which an individual who is not the legal owner of land can become the legal owner by being in possession of the land for the requisite period of time. Adverse possession is often referred to as “squatters rights”, and the...
