Today saw the Chancellor, Philip Hammond, announce the first autumn Budget. Experts predicted a fairly unexciting affair, with money required for dealing with Brexit. However, some announcements were made that are likely to impact daily life more immediately. We have...
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Quiet enjoyment in commercial premises
Almost every commercial tenant has a right to quiet enjoyment of their property. But what happens where the landlord interferes with this right? We look at the right to quiet enjoyment, and an example from last year. Right to quiet enjoyment Landlords are under an...
Pay less notices and breaches of contract: Construction case update
Over the last couple of weeks, the Courts have published two rather helpful construction law cases. The first in relation to breaches of contract, and the other regarding pay less notices. We take a quick look at both, below. Interserve Construction Ltd v Hitachi...
Government responds to Licensing Act report
Earlier in the year, the House of Lords Select Committee on the Licensing Act 2003 gave its findings. Last week, the Government published its official response. House of Lords Select Committee The House of Lords Select Committee set out various findings following a...
Have a break: Break clauses in commercial leases
It is common for commercial leases, particularly when a lease is for a longer term, to include a break clause. This is also known as an option to determine and is usually agreed between the landlord and tenant prior to entering into the lease. So, what exactly is a...
Shareholder disputes – Unfair Prejudice
Shareholder disputes are unfortunately common in small companies. This article looks at one possible remedy; a petition for unfair prejudice pursuant to section 994 of the Companies Act 2006. Minority shareholder claims Shareholder disputes often begin where a...
Tree preservation orders: a stump in the road?
Cutting back a tree on your property may seem like a normal right for a home owner. However, certain trees in certain areas are protected by Tree Preservation Orders (TPOs). It is important therefore to know whether there are any restrictions that would put an axe to...
Mitigation of Loss – Special Cases
I previously wrote an article discussing a claimant’s obligation to mitigate his or her loss. The last article discussed the general application of the principle of mitigation and what would be expected of the claimant. There have been a number of notable examples...
Jail and Bail 2017
Today our managing partner, Steven Newdall, took part in Jail and Bail 2017 for St Gemma’s Hospice. Volunteers from West Yorkshire Police came to our offices and ‘arrested’ Steven for his terrible crimes against hoarding in his office. His secretary recently tidied...
Alternatives to seeking possession
If you are a landlord with tenants on long leases, a breach of lease will not always mean you want the property back. Not least because forfeiting a lease can sometimes be difficult. What are your options if you want the problem rectifying, but are otherwise happy for...
Waiving privilege: Case update
With so many steps to follow, litigation can be a minefield at times. Issues can arise at any time. For example, once proceedings have been issued and defended, the parties will be expected to disclose documents in their possession. A recent case looked in depth at...
Pre-Action Protocol for debt claims
While not particularly glamourous or exciting, debt recovery is an important part of many businesses. While some choose to deal with certain elements of debt recovery in-house, some outsource it to legal services providers such as solicitors. Prior to issuing any...
The pitfalls of Standstill Agreements
An action must be commenced at court within a specified period, known as a limitation period. Therefore, if you are thinking about bringing a claim, it is important to work out whether you are in time to do so. Limitation periods differ depending on the type of...
Louise Burgess joins our Commercial Property team
Levi Solicitors LLP is very pleased to announce the qualification of trainee solicitor, Louise Burgess. Louise now joins our Commercial Property department as a solicitor. Louise joined Levi Solicitors LLP in September 2015 as a paralegal in our commercial property...
Repair or replace? Challenging the service charge
Owners of leasehold apartments and flats usually have to pay a service charge to their landlord. The landlord will spend this service charge on maintaining and repairing the building and the common parts; for example, lighting the communal hallways, gardening the...
To insure or not to insure? Buildings insurance for commercial properties
When you are thinking of entering into a commercial lease, insurance is one of the main considerations for both parties. But what exactly does insurance cover and what happens if you need to claim on the insurance? Buildings insurance As with any property, it is vital...
Ten considerations for commercial leases
Whether you are the landlord of a commercial property looking to let it out; or a tenant wanting to operate a business from a property, you will be looking at agreeing a commercial lease. Some leases are assigned from the previous tenant. However, in other cases you...
Don't let your claim become an unmitigated disaster: Mitigation of loss
Claimants have a responsibility to mitigate their loss if they wish to pursue a claim for damages. Unfortunately, very few people actually know what this means and what steps they have to take to mitigate. Over a series of two articles I will outline the general...
Money talks: Considerations before issuing a debt claim
It can be extremely frustrating when someone owes you money. However, many people are quick to throw themselves into the idea of suing someone for the money that is owed to them. It is worth considering the following before taking legal action and issuing a debt...
Knot on my turf! Japanese knotweed and nuisance
Japanese knotweed is an invasive plant whose roots can extend up to 3 metres deep and 7 metres in all directions. This can cause great damage to land and buildings. Its growth is so aggressive that it is an offence to introduce it in the wild. You could be fined or...
Steven Newdall to be 'arrested' for charity: Jail and Bail 2017
Our Managing Partner, Steven Newdall, will be taking part in Jail and Bail 2017 for St Gemma's Hospice. On 13 October, volunteers from West Yorkshire Police will 'arrest' Steven for crimes against hoarding. His secretary, Yvonne has recently tidied his office and...
Professional negligence basics: Breach of duty
As we saw in an earlier post, in order to make a professional negligence claim, you will need to prove three things: That the professional owed you a duty of care; That the professional breached that duty of care; and That you have suffered loss or damage as a result...
Rent arrears top tips
When your tenant hasn’t paid his rent it can be extremely frustrating and can cause you an array of problems. So what can you do about it and what should you do to make things easier for you? Here are our rent arrears top tips for residential landlords. Keep a record...
Professional negligence: claim against a barrister
Among professionals, barristers are some of the most highly trained, and their knowledge of the law is extensive. You should expect their expert skills, representation and knowledge to be used in your case, whether you have instructed them under the direct access...
Selling part of your garden? Things to consider
With a shortage of housing, land is an increasingly valuable commodity. We are seeing a rise in people with large gardens or pieces of land looking to develop another property on the site. Either building an additional property themselves as a business venture; or...
Where’s my money? Recovering unpaid debt
Are you owed a significant amount of money? Reports show that 9 million people in the UK are in serious debt and the average UK household debt is now at a record of £13,000! So with this increase, how do you recover what is owed to you? We look at the steps you need...
Prohibitory Injunctions
The world of injunctions is a tricky one. There are various types, which include: Prohibitory injunctions; Mandatory injunctions; and Freezing injunctions We have looked at injunctions in more detail in a previous article. In this article, we will focus primarily on...
Professional negligence: expert evidence
If you bring a professional negligence claim, you may need expert evidence to support your claim. This is particularly useful in cases where the alleged negligence relates to something technical. An expert witness should be able to give evidence to show: What the...
Professional negligence basics: causation and loss
As we have explained in our previous articles, there are a number of hurdles to get over before you can bring a successful professional negligence claim. That the professional owed you a duty of care; That the professional breached that duty of care; and That you have...
Challenging a will – case update
We have previously written about the principle of “testamentary freedom” – that is the right to dispose of your estate after you die as you wish. Although an important principle, testamentary freedom is limited by the provisions of the Inheritance (Provision for...


