Commercial & Corporate News

New lease maintains Chippenham Town Football Club's proud standing in the National League South

Goughs Solicitors, one of Wiltshire’s leading law firms, has worked closely with Vanarama National League South side Chippenham Town Football Club to help secure the new lease of the Bluebirds ground. The new lease needed to be in place before the end...

Aggressive Litigation - how much is too much?

The recent case of PJSC Aeroflot - Russian Airlines v Leeds & Anor Trustees of the estate of Boris Berezovsky) & Ors [2018] EWHC 1735 (Ch) (06 July 2018) highlights the dangers of conducting litigation with unusually high levels of aggression. ...

25th May 2018. GDPR day!

25th May 2018. GDPR day! No-one who uses a digital communication device will have missed this. The General Data Protection Regulation comes into effect from today. What does it mean?   It creates a new up to date regime for our relationship with...

Update: for Residential Landlords and their agents - Homes and Housing Standards

The Homes (Fitness for Human Habitation and Liability for Housing Standards) Bill passed its second reading in Parliament recently and is now going to the Committee Stage. It is intended to amend previous legislation and to provide that, in any residential...

GDPR in Context

We will all have received emails urging us to spend a fortune on software or consultancy to save us from the “perils” of the General Data Protection Regulations (GDPR) which are coming into force on 25 th May 2018.  This article seeks to...

Overage payments and Affordable Housing sales

A recent Court of Appeal decision highlighted the need for very careful drafting when documenting “overage” (uplift) payments on development land. In the case of Burrows Investments Limited v Ward Homes Limited , the developer had agreed to pay...

Community Infrastructure Levy update

It’s always important to check before sending legal notices by post.  Service by standard post is often fine, but it can lead to difficulties if you need to prove you have formally served a notice. The Planning Inspectorate recently heard an...

Property developers and rights of way...

“In the end we had to pay the neighbour £50,000 and their legal costs just to allow us to access the site!”  No one wants to be this person.  And you definitely don’t want to be the developer who also has to pay all of...

Repair obligations in a commercial lease

If you are a tenant entering into a new lease of commercial premise it is important that you understand what you are agreeing to with regards to repairs. An onerous repairing obligation could result in you being responsible for costly repairs during the term...

When a break notice is not enough...

When agreeing a lease a tenant will be pleased to be allowed a right to break the term of the lease – this will allow the tenant to serve notice on his landlord to bring the lease to an end on a specified date or dates before the end of the agreed...

Companies need to be 'Uber' careful when engaging Contractors

An Employment Tribunal has ruled that 2 drivers who provide services to “Uber” are workers within the meaning of the Employment Rights Act 1996. For those in the know, Uber is essentially an app which can be downloaded onto smart phones that...

When Discrimination 'Bites'...

Mary-Antoinette may be famous for having stated “Let them eat cake” in the French Revolution, but the Court of Appeal in Northern Ireland rejected the appeal of two Christian bakers who had refused to make a cake with a logo of ‘Bert &...

Commercial Tenants and Contracted Out Leases

If you rent or lease the premises where you conduct your business, then you are a business tenant. The Landlord and Tenant Act 1954 gives business tenants a certain degree of legal protection and broadly speaking gives business tenants security of tenure -...

The Goughs guide to forming a company

You may have come across advertisements which make forming a company sound very easy, but before you go ahead there are a few essential elements to consider. If a company is the best vehicle for your new venture here is a checklist that should help: ...

Is your business cyber-safe?

The recent events at TalkTalk have indeed had everybody talking. This significant cyber attack on the company serves as a timely reminder of the importance of keeping your business safe from online threats. The internet of course brings...

High Court saves a company from VAT disaster

The rules relating to VAT present many pitfalls and specialist advice should always be taken if there is any doubt over the VAT treatment of any significant transaction or series of transactions. In one striking case, the High Court had to come to the aid...

Assured Shorthold Tenancies: Housing Act Update

Prior to the recent General Election and before Parliament was dissolved,  the coalition Government passed significant legislation.  Some of which is likely to be of interest to both Landlords and their agents, who may welcome an outline of these...

Break Clauses in Commercial Leases: Landlords Breathe a Sigh of Relief

Landlords can breathe a sigh of relief… that is, if your commercial lease has been drafted  to reflect the current position on break clauses and any potential refund due to an outgoing tenant. In Marks and Spencer plc v BNP Paribas Securities...

Are the terms and conditions of your business EU compliant? Unsure? Find out more...

When was the last time you revised your business' terms and conditions? In June 2014, the Consumer Contracts (information, cancellation and additional regulations) regulations 2013 came into force. Imposing a range of new requirements on businesses...

How do you run your business?

Do you operate as a sole trader, partnership, limited liability partnership ( LLP ) or incorporated company? The Commercial team at Goughs are asking whether you have explored the options available to you. Assessing the benefits of a business structure...

Succession Planning for Family Run Businesses

Succession planning and growth were the top business challenges facing family run businesses in 2014 according to Families in Businesses ( FiB ), an independent organisation set up to support family business in the UK. Inevitably family run businesses...