The articles here relate to issues faced by businesses
Alice Toop, an Associate Solicitor specialising in Construction Disputes, considers a recent Court of Appeal decision in Providence Building Services Ltd v Hexagon Housing Association Ltd [2024] EWCA Civ 962, which clarifies the interpretation of...
Can disputes relating to collateral warranties be determined through adjudication? Alice Toop, an Associate Solicitor specialising in Construction Disputes, considers the recent unanimous Supreme Court decision in Abbey Healthcare (Mill Hill) Ltd v...
“The great divide between town and country is set to become wider” As the new UK government settles into office, Commercial Property Specialist, Denise Bull, is intrigued to see how it will balance the demands for economic growth, building...
Media frenzy causing a distrust in landlords Rise in disputes between landlords and tenants Buy-to-let industry lacking support from Government Recently in the media there has been a drastic increase of stories covering landlord and tenant...
With local authorities going bankrupt - what opportunities open up for commercial property? It was reported recently that local councils own more than £23.2bn worth of investment property. 1 With these investments intended to create a revenue...
Joint Ventures Going into business with someone or another company? To avoid the pitfalls in joint ventures, consider the following: Clear objectives : Define the purpose and goals of the joint venture clearly from the outset to align all parties...
Shareholder Agreements When? How? Why? A shareholders’ agreement is important for a number of reasons and this is why you should have one: Clarity and Understanding : It helps establish clear expectations among shareholders regarding...
Financial Preparation: Ensure your financial records are accurate, up-to-date, and well-documented as potential buyers will scrutinise financial performance. Clean-up Operations : Streamline operations, address inefficiencies and organise the business...
With Gove’s recent announcement that Section 21 notices will be “outlawed” before the next general election, and rumours the election date will be brought forward, many in the buy-to-let market are frustrated with the lack of support...
At the start of this month, the new Fixed Costs Regime concerning all commercial claims for monetary relief of up to £100,000 came into force. This includes professional negligence and defended debt claims, as well as property and business disputes...
Dutton Gregory Solicitors has underpinned its growth in the North of England with a trio of new appointments at its Liverpool office. Responding to an increasing number of opportunities in the property sector, the business has committed significant...
Unprecedented Number of Section 21 Notices Shaping the Lettings Market, Says Dutton Gregory The looming threat of the abolition of Section 21 is raising questions over the future shape of the UK’s rental market. National law firm Dutton Gregory...
With the Bank of England’s rate rise to five per cent, soaring rents, and the cost-of-living crisis, now is the time for the government to resurrect Help to Buy, reports national law firm Dutton Gregory. Many would be first time buyers are having to...
The focus of the Renters Reform Bill - brought to Parliament on 17 th May 2023 - was anticipated to change the way landlords can regain possession of their property. National law firm Dutton Gregory says reform is necessary, but in its current form, the...
Dutton Gregory is welcoming the appointment of its first qualified Notary Public, Alice Toop. Alice Toop has joined the Commercial Litigation team of Dutton Gregory Solicitors as an Associate Solicitor to provide a full range of notary public services for...
ATTENTION PROPERTY MANAGERS & LANDLORDS! Whilst not intended to be a comprehensive analysis of the new bill, solicitor Ryan Heaven in our specialists Landlord & Tenant team has focused specifically on parts of the Renters (Reform) Bill that...
Speaking ahead of Jeremy Hunt’s Spring Budget announcement, Paul Sams, Partner and Head of Property for Dutton Gregory Solicitors, said: “We very much doubt this will be a Spring Budget to remember, but hopefully it’s not one full of missed...
Earlier this year, the Commercial Rent (Coronavirus) Act 2022 introduced a 6-month moratorium on landlords’ remedies for the enforcement of protected rent debt . It also created an arbitration process for the assessment of this debt, following...
There has never been a more important time for businesses to understand their contracts with suppliers, technology licensors and customers. In this article, Laurie Heizler considers what you need to know about commercial contracts and essential provisions...
The ‘metaverse’ will be big for everyone. The increasingly sophistication of virtual applications is the future of the internet, with individual metaverse platforms such as ‘Decentraland’ and ‘Roblox’ growing in...
In what is sure to be welcome news for leaseholders, the High Court has handed down a landmark Judgment in respect of the ongoing cladding saga. Many leaseholders and freeholders have faced crippling bills to replace dangerous cladding, installed through no...
FEE WEBINAR: Demystifying Lettings Legislation Our Senior Partner, Robert Bolwell, is set to answer agents’ most pressing questions about recent and upcoming lettings legislation in a free, CPD-accredited webinar this Thursday. The...
Dutton Gregory’s intellectual property expert Laurie Heizler looks at intellectual property (IP) ownership. The rules of ownership of IP are often not straightforward. They depend on the kind of IP in question and the status of who created the work....
After months of anxious waiting, there appears to be light at the end of the tunnel for leaseholders who have been stuck in flats they are unable to sell due to dangerous cladding, and worried about potentially having to pay extortionate bills for its...
In this article, Dutton Gregory’s intellectual property expert Laurie Heizler explains the importance and value of trade marks. Trade marks are a very important type of intellectual property (IP). They protect a particular kind of creative output as...
Turnover Rent is exactly as it sounds; a rent where the tenant pays a percentage of their turnover rather than a fixed sum. There are ‘hybrids’ where part of a rent can be fixed and the rest turnover, but the idea is that the landlord and tenant...
Technology and information law expert Laurie Heizler examines the scope and content of imminent laws promoting online safety For all the time of its existence the internet has been largely unregulated. Varieties of harmful content and cyberbullying have...
When the General Data Protection Regulation (GDPR) was implemented in 2018, data protection became a huge topic and the law continues to evolve. In this article Laurie Heizler warns businesses of the risks they taking if they fail to comply. Any British...
If someone tries to register a company name to which properly belongs to your organisation, there is an often overlooked procedure that allows you to take action. Commercial Law specialist, Laurie Heizler, explains… Since 2008, a mechanism has been...
This week saw summary judgment handed down in respect of London Trocadero LLP v Picturehouse Cinemas Limited and Others [2021] EWHC 2591 (Ch) . This continues on from previous decisions, including CRI v TFS Stores [2021] EWHC 863 (Ch) and BNY Mellon v...
A legal specialist with 30 years’ experience and a portfolio of clients across Hampshire has voiced her concerns over changes to the new ‘Classes Order’ introduced by the government in an attempt to help commercial property owners and...
On 17 June 2021 the UK and Australian governments published an “agreement in principle” which outlines a free-trade agreement between the two countries, so solicitor Chris Hall has compiled his top five legal facts about the deal and all things...
Legal Executive, Elliott Jurd has the answer. The requirement for an EICR or ‘Electrical Installation Conditions Report’, as set out in the Electrical Safety Standards in the Private Rented Sector (England) Regulations 2020 (known as the...
In what is sure to be a welcome outcome for commercial landlords, Westfield London’s owners, COMMERZ REAL INVESTMENTGESELLSCHAFT mbh, have won summary judgment against one of their tenants, The Fragrance Shop, for unpaid rents and service charges that...
If you are the long-leaseholder of a flat, have you taken some time recently to read through your lease? We appreciate that, even in the last few months where many have had unexpected time on their hands, reading a lease is not a particularly thrilling use...
Our PM has said we should “build, build, build”. The planning system has recently been shaken up. Pressure on certain pockets of land to be brought forward for future development is going to be high. But how should you react if you are...
The property market is facing unprecedented change . Many businesses are looking to reduce or repurpose their commercial office space, and the residential market is growing at an exponential rate, with added measures such as the Stamp Duty Holiday...
Last week, I wrote a blog about the impact of the pandemic on the commercial property market so far, as we embarked on the second lockdown. This week, I will take a more practical look at what we might expect to see in our day-to-day working...
You may have been advised when you purchased your property that a restrictive covenant is contained within your title. You may also have wrongly assumed that it cannot be removed and you just have to live with it. Fortunately, this may not necessarily be the...
What is reflective loss in litigation claims? When and how are the claims of shareholders, company creditors, etc affected by reflective loss? Chris Hall looks at a recent case study in New York and explores the issue. What is reflective loss? ...
Last week preparations were being made by landlords, agents and their legal representatives to finalise reactivation notices to file at court and serve on tenants from the 24th August, to re-start possession claims. Little government guidance was...
Last week, it was announced that retailer John Lewis is planning to turn retail space it no longer needs into mixed-use affordable housing . This would see commercial retail estate repurposed to, what John Lewis chairwoman Dame Sharon White described as,...
When looking to take a lease of an industrial unit, there are a lot of potential pitfalls. We've put together a checklist to give you peace of mind. The following list are some areas to be aware of: What is the permitted use? Identify...
Due to furlough, this is my first Five Fact Friday for some weeks. It would be remiss not to produce an article about the thing that is occupying the minds of most people at the moment (Hint: No, I’m not talking about Tiger King!) ...
Local law firm Dutton Gregory celebrates the appointment of two new Equity Partners, Head of Litigation, Andrew Witt , and Head of Residential Property, Paul Sams. With both Partners joining the firm in recent years, staff, clients and friends...
As much as we have been operating ‘business as usual’ during lockdown, the need for social distancing has, naturally, impacted the process for signing and returning original legal documents to solicitors. Without signed original legal documents,...
Dutton Gregory's Head of Conveyancing Paul Sams hosts " 5 Lockdown Questions With "! In light of recent events, Paul speaks to industry experts across the South to find out how they are handling the lockdown, both personally and...
The government introduced measures on 26 March 2020 to prevent tenants in the private rental sector (PRS) from being evicted during the COVID-19 pandemic. For some, the measures are not extensive enough. Is this the case for our student population? With...
Transfers of certain types of property, to anyone other than a spouse, will generally mean you have to pay capital gains tax as if you had sold the property at its market value. Adding to that pain, any taxable capital gain arising for disposals...
With the government confirming today (16 th April) that the lockdown restrictions will continue for at least another three weeks, it is still uncertain as to when and how this situation will be resolved. For most properties, the exact solution will be...
As we approach the end of the 4th week of lockdown within the UK, it is an opportune moment to review what steps company directors and/or business owner should have already taken and what they may expect in the coming few months. What should you do now? ...
Furloughing is the latest focal point in employment law but what is it and what does it mean for both employers and employees? Partner and Head of Employment Mark Broad answers some of the most common questions around this topic. UPDATE...
Since the outbreak of the coronavirus pandemic, the government has made a number of measures available for commercial tenants to assist them at this difficult time. Such measures include the temporary abolition of business rates, the deferment of VAT...
In these difficult times, many commercial tenants will be asking their landlord for a form of rent concession, whether that takes the form of a reduction, deferred rent, having a rent or service charge holiday or paying monthly As a landlord, it is entirely...
Few of us would have imagined even a few weeks ago that I would be writing an article with the title above. We live in strange times. The purpose of this article is to give some advice to commercial landlords and tenants about what the Coronavirus Act 2020...
On Tuesday 24 th March, the Town and Country Planning (General Permitted Development) (England) (Amendment) Order 2020 came into force, bringing into effect the Government’s announcement that restaurants and drinking establishments may temporarily...
It’s been another challenging week for agents, landlords and just about everyone in the lettings industry . Late on Wednesday, the government’s emergency legislation passed into law, when the royal assent was given to the Coronavirus Act...
COVID-19 is changing the face of the legal workplace. Lawyers and their clients are going to have to adapt rapidly. What does this mean for commercial landlords and tenants ? All the advice and guidance we have seen so far relates to the residential...
The Government have stated their intention to protect tenants during the coronavirus outbreak by stopping any new possession claims from being issued at court. At the time of writing (Monday 23 rd March), the final wording of this legislation has not been...
We are now over a week into the official coronavirus pandemic and the pressure on managing agents is increasing exponentially from all quarters. Last updated: 20/03/2020 Despite the pronouncements by Boris in recent days, there is still no clear...
In light of recent events, there has never been a more crucial time for communities to join together and offer help and support to those affected. As such, we are thrilled to announce our partnership with award-winning digital enterprise aDoddle ...
Dutton Gregory is pleased to announce the appointment of Adrian Griffiths as Partner. Adrian first began his legal career at Dutton Gregory, training and qualifying as a solicitor in 2004. He now returns after working with firms in London and Reading. ...
We are thrilled to announce the recent move of Residential Conveyancing expert Helen Phillips to our Poole office, adding to our strong reputation in the property market. Helen is a Senior Associate & Chartered Legal Executive, with a wealth...
Dolphin Indoor Bowls Club , one of the largest bowls clubs in the UK, have partnered with Dutton Gregory Solicitors as their new Club Sponsor for the next 3 years. The club hosts over 1000 members, and is a fantastic meeting point for those of all...
Emma Menzies , head of our award-winning Personal Injury team , has been awarded the title of " Defendant Lawyer of the Year " at the National Personal Injury Awards . Emma was praised as a “ model professional ", and the...
Southampton Sailing Week 2020 will have the same Property and Legal Cup Sponsors as the 2019 event as Dutton Gregory are set to return. The leading solicitors, who operate out of six offices across the country including Southampton, Winchester and...
Since being founded in 2008, Airbnb has gone from the complete unknown to having hosted roughly 400 million guests worldwide. Surprisingly a year after its launch, the company was struggling to break-even but now has 31 offices and is estimated to have more...
Over 100 Propertymark agents and supporters, including Dutton Gregory Senior Partner Robert Bolwell, took part in a charity sleep out to raise £57,938 to support homeless young people in the UK. On the 21 st November, a team of over 100 individuals,...
Dutton Gregory Solicitors , a growing regional practice offering legal expertise across Dorset and Hampshire, has become a finalist for four separate categories at this years’ Personal Injury Awards 2019. The Personal Injury Awards are...
Generally, service charge provisions in a lease are only required where the lease is for part of a building or part of a large estate (i.e. industrial estate, shopping centre, business park). During the initial lease negotiations between a landlord and...
This week it was revealed, following an investigation, that only 1% of the bulbs sold at Amsterdam’s famous floating flower market, ever blossom. That spells trouble for those sellers touting their tulips to tourists but it’s also an...
Dutton Gregory is celebrating after several of its departments and many of its leading individuals throughout Hampshire and Dorset were recognised in the Legal 500 Directory 2019. The Legal 500 series analyses the capabilities of law firms worldwide...
Tomorrow marks the 40 th anniversary of the publication of the Hitchhiker’ Guide to the Galaxy. *Spoiler alert*. For those who haven’t read the book (or watched film, or watched the TV series or listened to the radio play…),...
Unless you’ve been living under a rock for the past few weeks, you may have noticed that the Supreme Court has been in the news recently. What you may not know is that it also celebrated its 10 th birthday this week. Moreover, another British...
It is quite common for land or property to be subject to covenants which restrict certain use or activity on the land. As can be seen from the first part of this article , a covenant must satisfy certain conditions in order to be enforceable. ...
It is quite common for land or property to be subject to covenants which restrict certain use or activity on the land. What is a covenant? Covenants are typically created where a land owner sells off a part of their land while wanting to restrict...
Regional heavyweight law firm Dutton Gregory are delighted to announce they won two awards at the Hampshire Law Society Legal Awards 2019. The firm was awarded runner up for ‘Large Law Firm of the Year’ after a successful 12 months which saw the...
Every now and again we are reminded of ancient laws that have never been repealed, some being fairly ridiculous and amusing! For instance, an 1872 law that has never been repealed made it an offence for a pub landlord to allow drunkenness in their...
The property industry comes across many changes and developments which are important to keep up with. One of the most significant recent developments is the changes to the Stamp Duty Land Tax (SDLT) regime. It’s now necessary to file the tax...
Dutton Gregory has climbed on board for the Southampton Sailing Week event as this year’s Property Cup title sponsor. Dutton Gregory is one of the fastest growing law firms in the South, with offices throughout Hampshire and Dorset. For over 75...
Dutton Gregory are delighted to sponsor this year’s South Coast Business Awards, celebrating business excellence across Hampshire and the Isle of Wight. Organised by the Daily Echo, in conjunction with Business South and Destination Southampton,...
It took more than 3 years but the Private Members Bill introduced by the Labour MP Karen Buck has received Royal Assent and has become the Homes (Fitness for Human Habitation) Act 2018. It will come into force on 20 March 2019. The new Act will amend...
Under the Landlord and Tenant Act 1954 (the 1954 Act), some tenants of commercial premises have the right to renew their leases indefinitely. The landlord cannot refuse the tenant a new lease, except on certain specific grounds. Once such ground, ground F,...
On 23 October 2018, the Guardian newspaper, following a joint investigation with ITV News, published an article which revealed that many landlords who have been convicted of housing offences and also failed to pass the ‘fit and proper’ person...
Commercial Litigation Solicitor Victoria Whelan provides experienced insight into the types of company dispute cases undertaken by Dutton Gregory. This case study of a shareholder and partner robbed of company assets demonstrates...
Regional heavyweight law firm, Dutton Gregory are proud sponsors of this year’s Southampton Property Show, taking place at Southampton Harbour Hotel on Thursday 13th September. As Southampton’s largest property investment, business and...
It's been a busy summer for our Commercial Property team, with no sign of business slowing any time soon. Based in both Bournemouth and Poole and offering expert advice across the county, Dutton Gregory Solicitors are at the forefront of the real estate...
Last month saw the acclaimed crime drama Unforgotten return to our Sunday evening TV screens, keeping the nation enthralled by another “who done it”. This third series followed an established format – a body is discovered long after death...
When it comes to finding a new office space, there are many considerations to take into account. These can be divided into three main factors: location , size and price . Location The type of business will determine the location, but no matter your...
As a teenager, my favourite subject at secondary school was always History. Not the social history that is taught in schools today, but the history of kings and queens, battles and betrayals, treason and treaties. The gorier the story, the more I...
Laparoscopic surgery is commonly the preferred technique for cholecystectomy (gallbladder removal), hernia repair, and appendectomy (removal of the appendix). Most patients who develop peritonitis (inflammation of the peritoneum - the tissue that lines...
Just a quick refresher, currently personal injury (this includes clinical negligence) claims with a value of less than £1,000, fall within the ‘small claims track’. The result of this is that a prospective claimant is unable to recover...
As part of its ongoing drive to reduce the NHS’ annual budget of £115 Billion by £5 Billion, the Department of Health recently looked at reducing the costs of clinical negligence claims against the NHS – including the introduction of...
The Court of Appeal has recently decided on what constitutes sufficient notice of proceedings under Part 83.13 of the Civil Procedure Rules. CPR 83.13 is the mechanism by which a landlord may apply to the High Court for permission to issue a Writ of...
Paying indemnity insurance monies “within a reasonable time” All contracts of insurance and reinsurance that are incepted, varied or renewed from May 4, 2017, are now subject to an implied term that the insurer will pay valid insurance claims...
With 10 months until these regulations come into force are you certain your landlords are prepared? Now is definitely the time to take action. First came “The Energy Performance of Buildings (Certificates and Inspections) (England and Wales)...
It is now more than 28 years since the Housing Act 1988 came into force, introducing with it the Assured Tenancy and foreboding an end to the ‘regulated tenancies’ of the past. I dare say that there are many reading this article that were...
The Supreme Court have handed down judgement of significance to developers and freehold owners in Newbigin (Valuation Officer) v S J & J Monk [2017] UKSC 14 confirming whether or not Non Domestic Rates are payable on commercial property during a...
What is becoming ever more apparent in the world of residential developments is the squeeze on developers’ profit margins due to high demand for sites and increased competition this brings. Getting the right property at the right price is key for any...
Dutton Gregory is delighted to be sponsoring the Dorset Venus Awards (Small Business Category) for the fifth year running. The Awards celebrate the vital contribution that women in business make to the local, regional, and national economy. In...
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