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If you own a business and operate from a property under a commercial lease, your lease will contain various obligations to your landlord. Should you wish to sell the business and assign your interest in the lease to the new owner, it is important to be aware that...
Contracts can be long and complex documents. Despite the time and effort that is often put in to drafting them they do still sometimes contain clauses that are unenforceable, or otherwise of no effect in law. When it is a whole clause that is invalid (then subject to...
If you grant somebody permission to use your property, you could be granting them an interest in the property itself. There are a number of ways to allow someone to use your property; the most common of which are leases and licences. A licence grants a personal right...
If you are a residential landlord, it is important that you are up to date with the energy performance requirements. From 1 April 2018, the Energy Efficiency Regulations 2015 will require rented properties to have a minimum energy performance rating of E on an Energy...
Research indicates that 40% of people in Britain believe ‘mortgage is the new marriage’. Purchasing a property with your other half may seem like a simple idea in order to climb the property ladder. However you must consider how to adequately protect yourself in the...
If you are considering buying or selling an existing business, you will be involved in the transfer of certain business assets. Most sales of a business involve the following assets changing hands: Goodwill The goodwill is the name, reputation and established customer...
The recent Supreme Court decision in the case of AIG Europe Limited -v- Woodman and Others [2017] UKSC 18, is of great significance for anyone interested in solicitors’ professional indemnity insurance. This decision has provided valuable guidance to the profession on...
The recent Court of Appeal decision in Thakkar and another v Patel and another [2017] EWCA Civ 117 has re-established the Court’s encouragement towards the use of mediation. The Court awarded a costs sanction against the Defendant for ‘dragging its feet’ in the...
As a general rule, a Court will not intervene in the terms of a contract. This means that the Court will not allow you to escape a deal that you later regret. The Court does, however, have limited powers of rectification. These allow the Court to intervene in a...
There is an interesting article in the news this week concerning the National Trust. Grasmere Island in the Lake District is now, after over 120 years, coming into the ownership of the National Trust. Grasmere Island was actually the reason the National Trust was...
The Help to Buy scheme is a welcomed government initiative which has assisted thousands of people to purchase their dream home. You may have taken advantage of the scheme in order to purchase a brand new property which you would have not been able to afford otherwise....
We have previously looked at duties of care and the tort of negligence in another article. Here we saw that the duty of care owed by a professional to his client is likely to be wider than that of a non-professional. However, how wide is it? Can a professional limit...
Have you provided goods or services and your customer has not paid up? There are various ways in which you can enforce the unpaid debt against the debtor. We have previously looked at enforcing judgments against companies, but what about where the debtor is an...
It is an unfortunate reality that many people may find themselves in a position whereby they are not able to make decisions for themselves. Should this happen, it falls to third parties (particularly family members) to look after you. This may be harder than it...
Injunctions are Court orders that require a party to do or to refrain from doing a specific act. An injunction is a remedy and in order for the Court to grant one, you must have a valid claim against the party you are wishing to pursue. A few examples of how...
What is a contract and what can i do if there is a breach of contract? Contracts have been a fundamental part of the legal world since at least the Roman period. They are a means by which parties bind each other into a business or consumer relationship. When most...
Last Wednesday, the Supreme Court handed down judgment in the case of FirstGroup Plc v Paulley [2017] UKSC 4. This case is widely considered to be one of the most notable judgments relating to the treatment of people with a disability in recent years. What was the...
Purchasing your first property is an exciting time of your life. However, there are a lot of things to consider when looking for your perfect home and too much information can be overwhelming. Here are my top tips for first time buyers: Sort out your finances A...
To enter into a binding contract, both parties must be capable of doing so. By capable I mean that the parties are of sufficient age and have sufficient mental capacity to do so. Mental capacity often comes up when parties are trying to escape the effects of a...
Tree disputes are one of the most common types of issues between neighbours. The Telegraph has this week reported that 007 himself, Daniel Craig, is currently embroiled in a dispute with his neighbours about a tree in his back garden causing him nuisance. A tree which...
In England and Wales, almost all claims are subject to some form of limitation; a deadline by which the Claimant needs to bring the proceedings. Unfortunately, calculating the limitation period can be difficult as limitation periods vary depending on the type of...
When you are selling a property, you will have to give information to your buyer about the property. We have looked over a series of articles about the information you may have to provide to your seller. You will usually be asked to complete a Seller's Property...
Wishing all of our clients a very happy Christmas and New Year.
Confidentiality is an important principle for ensuring trust and confidence between a professional and their client. It is widely understood that information given to a professional during the course of an instruction should not be disclosed by the professional...
Whether you have owned your house for one year or twenty years, you may have had works or repairs carried out prior to or during your ownership. When you sell a property, your buyer will require information on what works have been carried out and when. So what...
When drawing up a contract, it is vital to achieve certainty in the terms. If there are gaps or the terms are not clear, this can cause major issues for the parties to the contract. The issue of contractual certainty has been highlighted again in a recent decision of...
Staff in Levi Solicitors LLP’s various offices got into the Christmas spirit on Friday 16 December, in aid of St Gemma’s Hospice’s Wear It Festive event. Everyone got involved, donning their festive jumpers, t-shirts, and in one case, leggings! We are very pleased...
It is established law that when you take advice from a professional, that professional owes you a duty of care. But what do we mean by duty of care? The purpose of this article is to explore this question. When a judge is presented with the question of whether a...
On 11 December 2016, seven runners from Levi Solicitors LLP's Leeds offices donned their Santa suits for St Gemma’s Hospice. The Levi Santas joined around 950 other Father Christmases for the annual 5km Santa Dash around Leeds city centre, raising over £1000 for the...
