Nathan Talbott, Head of Commercial Litigation, and specialising in complex financial, tax and corporate disputes, dissects the recent report by the Committee of Public Accounts on the state of our tax system, and shares his thoughts on what HMRC needs to do to rebuild public trust.

As we await publication of the Corporate Insolvency and Governance Bill which is expected to include details of the new moratorium procedure and changes to wrongful trading provisions, in a surprise announcement on 23rd April 2020 the government confirmed that the Bill would also include further measures to protect commercial tenants from aggressive debt collection by landlords in respect of rent arrears which have accrued directly as a result of the coronavirus pandemic.

The Building Safety Act 2022 (which started to come into force in April and will have a phased entry over the next two years), continues to have a dramatic effect on the property and construction industry. A fundamental part of the Act came into force on 28th June 2022 relating to the use of Special Purpose Vehicles (SPV) which could have a significant effect on the approach to procurement strategy and risk allocation for both residential and commercial development.

In March 2024, the government launched a consultation on introducing an accelerated planning system designed to speed up the delivery of housing, commercial and infrastructure projects as part of the levelling-up campaign. With no set timetable for a response and a general election imminent, the outcome is unlikely to be known for several months. Here we summarise the proposals and review some of the responses submitted to date.

Dilapidations are a large part of commercial leasehold properties. They relate to breaches of covenants under a lease agreement in relation to repair, decoration, or reinstatement obligations covering the condition of the property as compared to the beginning of the tenancy. The tenant is typically responsible for the dilapidations and they must comply with the terms of the lease during and at the end of the tenancy.

Human capital, intellectual property and a secure customer base often drive the value of an acquisition. To secure that value, the buyer of a business may want to retain key employees and prevent the seller from competing with the business for a specified period. The acquisition agreement therefore often includes certain restraints. Buyers and sellers may later disagree on the interpretation and enforceability of these terms. Various immediate dispute resolution steps must be taken to protect the value of the acquired business. Our commercial litigation team regularly acts for clients involved in this type of dispute.

Flora Patalane, Solicitor in our Commercial team discusses the importance of a company taking ESG into account to allow for success and sustainability.

A leading Midlands law firm has received recognition in two prestigious legal league tables.

The Modern Slavery Act 2015 (“MSA”) received royal assent in March 2015, but one of its most important provisions only recently came into force at the end of October.

In appointing an agent or distributor, a supplier is effectively outsourcing part of the selling function of its business. A supplier may wish to do this for a number of reasons.