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How to correctly exercise a break notice in your commercial lease

Commercial landlord and tenant relationships are under strain, with many office tenants looking to reduce office space and with many retail tenants moving online and reducing the number of stores from which they operate. It will come as no surprise that...

A guide to business interruption insurance for travel agents, Jonathan Cole writes for TTG

Jonathan Cole’s guide to business interruption insurance has been published in TTG, the leading publication for travel industry professionals. In his article, UK Travel Agents - A Guide to Business Interruption Insurance , Jonathan covers: What is...

Commercial landlord and tenant Update - September 2020

With the recent government announcement extending some of the restrictions on rent recovery until 31 December 2020 and with many landlords still out of pocket from March and June, it is unsurprising that many landlord and tenant relationships are under...

Business Interruption Insurance update - is my business covered? Five key points

The High Court has recently held that a large number of businesses who hold business interruption insurance policies and who were forced to close as a result of the pandemic are entitled to compensation by their insurers.  Whilst this is an important...

The future of the office - Chris Barkley published in Property Investor News

Chris Barkley  in our commercial property team writes for  Property Investor News about the future of the office, highlighting key themes you need to take into consideration including sustainability, gamification, flexibility and lifestyle. ...

Office space options in a post pandemic world - Chris Barkley published in The Influence Magazine

Chris Barkley in our commercial property team writes about office space options for SMEs in a post pandemic world in the in the Chartered Institute of Public Relations’ members magazine, The Influence: "Companies have had no...

Commercial Break: What to consider when converting excess office space to resi - Chris Barkley published in Prime Resi

Chris Barkley in our real estate team has been published in Prime Resi, the journal of luxury property. With permitted development rights in hot debate as the Government attempts to reform the planning system, Chris Barkley condenses the current position in...

Donor Advised Funds: the future for charitable giving

Stephanie Brobbey's article on the use of Donor Advised Fund's for large scale giving has been  published by eprivateclient . Stephanie's article is a must read for those seeking to donate in the wake of Covid-19:  ...

Releasing retention: no change in sight - Kieran Fano published in CICES' Construction Law Review

Kieran Fano in our specialist construction law team has been published in The Chartered Institute of Civil Engineering Surveyors’ latest Construction Law Review. Published annually the review is a must read for those interested in the future of the...

Publication of new civil engineering sub-contract form

The Civil Engineering Contractors Association has published its Generic Form of Sub-Contract (September 2020) for use in conjunction with a wide range of standard form and bespoke main contracts where there are no appropriate accompanying published forms...

FT Advisers Guide - a legal and practical guide to managing big and complicated modern families

Modern blended family arrangements can be complex, giving rise to a number of practical and emotional issues.  Important legal and financial implications must also be considered. To help guide you through the maze our family and private client teams...

What to consider if you are planning to rent or purchase railway - Tristan Wark writes for EG land

Network Rail sold a commercial property portfolio for £1.46bn to Blackstone Group and Telereal Trillium (The Arch Company) in 2018. TfL’s property portfolio is 16 times the size of Hyde Park, and the mayor of London Sadiq Khan has set a...

Q&A: The expiry of the stay on possession proceedings - what happens next?

During the COVID-19 pandemic almost all forms of possession proceedings and enforcement action have been stayed. This means that, for parties currently involved in such proceedings, they have no choice but to wait until the stay period is over before they...

Coronavirus: the Government's Future Fund scheme has provided £512.9 million in funding so far - is your company eligible?

According to figures released this week by HM Treasury, a total of 816 applications have been made under the government’s Future Fund scheme which opened for applications on 20th May 2020. Under the Future Fund scheme, government funding is...

Closing the ethnicity wealth wage gap: is mandatory pay reporting on the horizon?

The Black Lives Matter movement, which has been illuminating and thought-provoking, has led to the resurgence of a former parliamentary petition to introduce mandatory ethnicity pay gap reporting – to shine a light on race/ethnicity based inequality in...

A guide to turnover rents and turnover leases

Tristan Wark, senior associate in our real estate team, explained the fundamentals of turnover rents and turnover leases and provided top tips for retailers considering agreeing a turnover based rent in the July edition of CWB Magazine. Since...

EMI share options - perks and pitfalls

Enterprise Management Incentive (“EMI”) share option schemes have always been popular with employers and employees as a tax-efficient way for employees to share in the growth in value of the company for which they work.  They are becoming...

How to get divorced - Goodman Derrick's family law team contribute to the Financial Times Guide

Lucy Warwick-Ching's wide-ranging and timely article on modern divorce appeared in this weekend's Financial Times, with insightful contribution from Goodman Derrick LLP's family law associate  Charlotte Coyle . The full...

Significant reforms to UK insolvency Law: Corporate Governance and Insolvency Act 2020

On 25 June 2020, the long awaited Corporate Insolvency and Governance Act 2020 (the Act) received royal assent and came into force on 26 June 2020. In the few months prior to its inception, the Act has been adapted to support businesses suffering from...

A guide to opening your restaurant, cafe or pub after the coronavirus lockdown, 4 July

An earlier version of this article first appeared in the June edition of The Caterer  Whatever happens next will be very different, now is the time to precision plan your opening. Significant changes to lockdown restrictions for hospitality...

Gaming, Gamification and the Real Estate Sector - PropTech

Chris Barkley's article first appeared in the June print edition of Property Investor News Hundreds of millions of people on the planet are now regularly playing online games with numbers set to increase exponentially. The UK is already starting...

A checklist for lead counsel who require an English law firm on a multi-jurisdictional share purchase involving English companies

Goodman Derrick's Corporate team are well known for providing a seamless service to lead counsel who require an English law firm on a multi-jurisdictional share purchase involving English companies. We have produced a checklist for this situation,...

Residential landlords - staying on top of the recent changes to residential property regulations

The last three months have been challenging for residential property landlords, many of whom are juggling uncertain income with rapidly changing residential property regulations, most of which have been designed to protect residential tenants. This article...

Furlough: 10 June 2020 - Last date to furlough new entrants to CJRS

The Coronavirus Job Retention Scheme (the Scheme) allows UK employers who cannot maintain their current workforce because their operations have been severely affect by coronavirus to “furlough” employees and access financial support to cover some...

Coronavirus - landlord and tenant code of conduct - two months too late?

On 29 May 2020, the government announced that it would be publishing a code of conduct to help guide and encourage landlords and tenants to work together to protect viable businesses and ensure a swift recovery. Whilst this would appear to be helpful, it is...

For better or for worse, divorce podcast: do you need a divorce lawyer?

Experienced divorce lawyer Charlotte Coyle's  In For a Penny podcast is now available online, in which Charlotte discusses the financial and emotional consequences of seeking a divorce with personal finance journalist Marc Shoffman and...

How does furlough work?

Updated: 12 May 2020 1. What is the Coronavirus Job Retention Scheme? 2. Which employers are eligible for financial support to cover furloughed employees? 3. Which employees can be furloughed? 4. What is furlough? 5. How much will the government...

Coronavirus - Contractors can keep sites open until 9pm and it could be later

Last night the government announced that construction sites can stay open until 9pm in residential areas and possibly later in places like the City of London. While this is of course good news as it will allow for greater social distancing on construction...

Coronavirus - Furlough scheme extended to the end of October

The Coronavirus Job Retention Scheme (CJRS), under which employees may be furloughed, has been extended to the end of October. Further details are to be published this month but the scheme will apply as it is until the end of July with changes expected from...

Coronavirus Job Retention Scheme - Furlough - guidance for employers, updated 5 June

Updated: 5 June 2020 1. What is the scheme? 2. Closure to new entrants from 1 July 3. Which employers are eligible? 4. Which employees can be furloughed? 5. What is furlough? 6. How much will the government contribute? ...

Furlough: Employee transfers under TUPE

It has been confirmed that employers can claim under the Coronavirus Job Retention Scheme (the Scheme) in respect of employees that were transferred from a previous business in line with the Transfer of Undertakings (Protection of Employment) Regulations...

Furlough: Coronavirus Job Retention Scheme extended to the end of June

To reflect extended social distancing measures, the Treasury has announced that the Coronavirus Job Retention Scheme, which allows employers to claim a grant to assist with payment of wages to "fuloughed" workers, will be extended for another month...

Coronavirus: Force majeure checklist for business to business contracts governed by English law

Contractual performance is under the spotlight as the new coronavirus, known as COVID-19, sweeps across the globe. As a result many businesses are considering what happens if they or another business are unable to meet their contractual obligations. For...

Commercial tenants - collaborate and negotiate to protect yourself

It has been a busy and stressful two weeks for everybody, especially for landlords and tenants.  On 20 March the government ordered all bars, cafes, restaurants, pubs and gyms to close.  The following Monday, on 23 March the government announced a...

What happens to your family photos and other digital assets when you die?

This article first appeared in Talented Ladies Club . What happens to your ‘digital assets’, such as family photos, when you die? Find out why you need to make plans for them now. Here’s a conundrum: pick up your phone – not to...

Coronavirus: furlough rotation - can employees be furloughed more than once?

The government updated its guidance for employers about the Coronavirus Job Retention Scheme on 4 April 2020. This included confirmation that employees could be furloughed "multiple times", each separate instance being for a minimum of 3 weeks. ...

Leases: Making the move from conflict to collaboration

This article first appeared in Estates Gazette . The past decade has seen great efforts made across the property industry to streamline the commercial lease negotiating process. Some landlords, tenants and their respective solicitors have become less...

Directors' duties in troubled times - updated 2 April

When a company is solvent and business is good, the company and its directors owe fairly limited duties to creditors (save, of course, for contractual obligations).  Directors must act in the best interests of the company at all times and must promote...

Employment law changes April 2020 - an online seminar

Clare Gilroy-Scott, employment law partner at Goodman Derrick, looks at the important employment law changes that take effect from 6 April 2020 in our pre-recorded seminar:   https://www.youtube.com/watch?v=m0etrricbUw   Please...

Coronavirus: isolation notes

Employees can self-certify for the first 7 days of sickness absence. But what happens after 7 days if an employee is either off sick with symptoms of Covid-19, or is self-isolating on government/medical advice (e.g. because a member of their household has...

Coronavirus: changes to sick pay

The rules on sick pay have temporarily changed because of the global Covid-19 pandemic. Ordinarily, an employee would need to be absent from work due to incapacity in order to qualify for statutory sick pay (SSP), which is currently £94.25 each...

Coronavirus: changes to annual leave carry-over

An amendment has been made to the Working Time Regulations 1998 (WTR) with effect from 27 March 2020 to allow workers to carry over any untaken statutory leave into the next two years, where leave has not been taken because of the coronavirus pandemic. These...

Surrogacy: new parents stuck abroad amid Covid-19 shutdown

The coronavirus pandemic has not only halted all types of international travel for those travelling for business and leisure but for those wanting to travel home with their newborn children. These new global travel restrictions will cause serious problems...

Coronavirus shutdown: can my child's nursery charge 100% fees?

The Government announced on 19 March 2020 that schools, nurseries and other registered childcare providers (such as childminders) would close their doors to the majority of children from 20 March 2020, in an effort to delay/curb the spread of COVID-19. Many...

Coronavirus - a summary of Government support for employers and businesses

The UK Government has created a package of support to help employers and businesses. Our summary of the main elements is now available to download . Our summary was last updated on 25 March 2020....

Coronavirus - a checklist for business

Many of us are already experiencing severe challenges and almost all of us are likely to do so in the coming days and weeks ahead due to the uncertainty created by the coronavirus (COVID-19).   So, what should you be doing now to be prudent and to...

That's not what I wanted - a case of a tenant not getting the building they expected and how you can avoid falling into the same trap

For anyone commissioning or providing construction works, whether in a commercial, residential or shared infrastructure context, it is essential that the contract properly defines the works which must be delivered. This may seem obvious but the courts...

Online Harms White Paper - Initial Consultation Response

On Wednesday the Government published its response to last year’s Online Harms White Paper. An awful lot has happened since the White Paper was published: a General Election; changes of personnel – of Prime Minister and in the leadership of...

Forfeiting a commercial property lease? Watch Chloe Benson's 3 minute video guide, real estate dispute resolution

Chloe Benson in Goodman Derrick's Real Estate Dispute Resolution team focuses on three important points for landlords to think about before deciding on whether or not to forfeit a lease of commercial premises: 1. Practical considerations 2. Legal...

Encouraging news for small businesses with big debtors?

Late payment of invoices is a huge problem for small businesses, with research showing that almost half of invoices issued by small businesses are paid after their due date. According to the Federation of Small Businesses (FSB), late payment causes the...

"Breaking up is never easy, I know": Avoiding shareholder disputes before they arise

Two friends spot a gap in the market and develop a new product. They set up a company together owning half each, work long nights and weekends, miss significant birthdays and acquire grey hairs. But after much hard work and perseverance they get...

Top tips to remember amidst a relationship breakdown

Many of you may have noticed that your first day back at work this year coincided with the infamously dubbed ‘Divorce Day’ on 6 January. In fact, January as a whole was declared “the divorce month” by the media, whereby those who...

Secret recordings in the workplace, 3 minute video guide, employment law and HR

Katee Dias explains the employment law around secret recordings in the workplace and the HR Policies your business should have in place, in our new 3 minute video guide.  PLEASE CLICK HERE TO WATCH THE VIDEO ON YOU TUBE Please subscribe to our You...

How can high street retailers remain competitive in an online world?

This article first appeared in CWB, The Childrenswear Association . Online retailing is not a temporary phenomenon. It brings huge challenges for high street retail, and retailers need to act quickly to embrace new technologies and remain...

Building a positive workplace culture - our three minutes video to get you started

Just over 2 years ago, American Actress Alyssya Milano tweeted #MeToo to draw attention to the number of women impacted by sexual harassment and abuse. The movement swept around the world exposing the prevalence of sexual harassment, especially in the...

Dealing with deposits

No-shows are a headache for the restaurant sector. Not only are they frustrating but they also place a financial burden upon businesses, particularly when extra costs have been incurred, such as staff and supplies, to account for a specific number of...

WeWork woes highlight need for rethink of leasing model, Dominic Whelan writes for Property Week

Dominic Whelan's article was first published in Property Week , on Thursday 7th November It seems impossible to discuss the flexible workspace market without mentioning WeWork. The international operator and London’s largest private occupier...

Construction - limits on liquidated damages provisions

Commonly construction contracts include liquidated damages (“LDs”) provisions, which are fixed or determined sums agreed by the parties to a contract that are payable on breach of contract. In a construction context, they are generally payable by...

How much is a hotel worth?

Jonathan Harris of boutique property advisory practice HarJoh provides some hard-won insight to answer this seemingly simple question. The start and end point is “Market Value”, as defined in the RICS Global Standards - “The Red...

Property development nightmares - help to avoid unwanted site surprises

Dominic Whelan's article was first published in Construction News Halloween is that time of year where we try to scare our friends and families with gruesome tales and surprises.  Developers often have their own scare stories to pass on to the...

12 tips for retailers to ensure merry Christmas trading

Rosie Davies' article was first published in CWB Magazine , on Tuesday 29th October. Retailers are approaching their busiest time of year with the run-up to Christmas and the sale period that follows. But is there anything that retailers should...

Influencer advertising - is it worth it?

This article first appeared in CWB . Influencer advertising is an increasingly common component of brands’ marketing strategies. Its inherent effectiveness is that it is seen as a more “natural” form of marketing and can allow brands...

Upcoming employment legal developments in April 2020

There is a lot going on in the world of employment law in April 2020. Below is a summary of some of the main upcoming developments so that you don’t get caught out. Statement of terms One of the biggest changes coming into force on 6 April 2020 is...

The IR35 Rules are changing in April 2020 - what you should be doing now if you engage off-payroll workers

The IR35 tax rules are changing in respect of individuals who provide their services to medium and large private sector businesses through their own personal service company (PSC) or LLP.  Similar rules are already in place in the public sector....

Do employees have a right to privacy in relation to WhatsApp messages (regardless of how offensive the content)?

Discovering that employees have made unacceptable comments on social media can be a particularly thorny issue to deal with. This problem has been well publicised recently; remember broadcaster Danny Baker, Emmerdale star Shila Iqbal, and Rugby Union...

Grandparents' role in modern day society

A grandparent’s role in modern day society can come in all different forms: paternal grandparents, step-grandparents, grandparents who fulfil the role of a full time carer and grandparents who have no contact at all with their grandchildren. ...

Limitation periods: what they are, why they matter and how to avoid their unpleasant consequences

Limitation periods arise out of a group of statutory rules (the Limitation Act 1980) which create deadlines for various types of claim to be brought at Court.  The applicable time limits vary as between different types of claim, but the purpose behind...

Employee Ownership Trusts: an alternative to a company exit

There is growing interest among company owners in considering a sale to an employee ownership trust (EOT) in order to realise value locked up in the business, whilst retaining overall ownership in a trust on behalf of all employees. In order to encourage...

Social media in the workplace - employment law tips in a 2 minute video

"As an employment lawyer I am seeing more enquiries from clients in regards to social media related issues, in particular from employers who are considering dismissing an individual for social media misuse. My new two minute video explains the...

Social media in the workplace - Katee Dias has provided her employment law tips in a 2 minute video

"As an employment lawyer I am seeing more enquiries from clients in regards to social media related issues, in particular from employers who are considering dismissing an individual for social media misuse. My new two minute video explains the...

Are you ready? Regulatory reform continues in the Private Rented Sector

Landlords in the private rented sector have seen a raft of regulatory changes following the introduction of the Deregulation Act 2015.  Many landlords have adapted to those changes already but the regulatory landscape continues to evolve. This...

Tree Preservation Orders - ignore them at your peril

This article first appeared in Estates Gazette , 6  July 2019. Who would think that pruning a tree could trigger a claim under the Proceeds of Crime Act? Certainly not the homeowner in Canford Cliffs, near Poole in Dorset who was...

Landlords, operators and the inherent tension in the Electronic Communications Code 2017

With mobile connectivity an increasingly critical part of modern life and business, the Electronic Communications Code both replaces the 1984 Telecommunications Code, and aims to facilitate the expansion of the mobile phone network, particularly the...

Take care when terminating your construction contract: a cautionary tale

The High Court recently handed down judgment in the case of Green Deal Marketing Southern Limited v Economy Energy Trading Limited [2019], a case which turned on whether the defendant energy suppliers, E was within in its rights to terminate its contract...

Can you copyright a new dish?

A version of this article first appeared in Big Hospitality . Chefs like to lay claim to having created certain dishes, but is it possible for them to copyright a dish to stop their peers from reproducing it? The short answer is no. Recipes are an...

Sexual harassment in the hospitality industry: how to protect staff and avoid liability

In the wake of #MeToo, the prevalence of sexual harassment has been laid bare, from boardrooms down to shop floors and from multinational listed companies to charities and independents. This movement has exposed the fact that sexual harassment in the...

An "especially flagrant contravention"

An “especially flagrant contravention”, was the verdict of the Information Commissioner’s Office resulting in its decision to fine Newham Borough Council a total of £145,000 for its breach of the Data Protection Act 1998. This is a...

Limitation periods: what they are, why they matter and how to avoid their unpleasant consequences

Limitation periods arise out of a group of statutory rules (the Limitation Act 1980) which create deadlines for various types of claim to be brought at Court.  The applicable time limits vary as between different types of claim, but the purpose behind...

How can Spice Girls, Coldplay and Rolling Stones lyrics help in mediation?

Spice Girls: The mediator may ask the parties - or they may ask themselves - what they want. The next question should be "what do you really REALLY want" (followed by asking why they really really want it). Coldplay: Next the mediator can remind...

Has MeToo taken a seat on the board?

The effect of the #MeToo movement in the corporate world is no longer in doubt. Over the last few years Ted Baker’s share price fell 13% after allegations against its founder emerged, the ‘big four’ accountancy firms have all admitted to...

Restrictive covenants: treading the tightrope between protection and exposure

Post-termination restrictive covenants are commonplace in employment contracts of senior personnel, operating as a line of defence to protect the company from harm should that employee leave to work elsewhere. However such restrictions fly in the face of...

A Restatement of the English Law of Contract

'A Restatement of the English Law of Contract': Andrew Burrows and an Advisory Group: Oxford University Press 2016. The first US 'Restatement of Contracts' was published by the American Law Institute in 1933, with the second edition in 1981....

7 tips to help businesses avoid (or at least mitigate) the effects of reputational damage

Reputational damage is a growing threat for many businesses. The impact can be huge. You can lose customers if they feel undervalued, misled or even lied to. If those disgruntled customers choose to take to social media, what started as a hiccough...

6 tips that will help mortgage lenders avoid enforcement disputes

As a bank or building society you know just how much effort is needed to bring possession proceedings against a borrower who has defaulted on their mortgage repayments.  To try and help you avoid finding yourself in that position here are 6 tips we...

5 tips that will help tech businesses avoid costly disputes

By their very nature tech businesses have to move fast.  You are continually evolving to keep ahead of the pack and to do that you not only need to understand what the latest technology is but also what the next technology will be.  More than...

Online Harms White Paper - a daunting new world for social media sites

This 98 page tome has provided a welcome distraction from Brexit. The proposals are, by the Government’s own admission, eye-catching: “The measures outlined in this White Paper are novel and ambitious, with potentially far-reaching effects...

Clarity is key: Overage Agreements

A version of this article first appeared in Estates Gazette . Overage (or “clawback”) agreements are seen as complex and full of hidden traps. Ironically, the commercial rationale for agreeing them is often very simple. Overage is a...

A Doppelganger discredited

The full article can be downloaded using the PDF icon below....

Dual-Identity Cars

In a perfect world, every historic car would boast a spotless provenance and a documented list of distinguished owners, none of whom ever “abused” the car by changing a major component, let alone by crashing it. Please read the full article by...

How to ensure you have the necessary rights of way for your development site

Good sites with development potential are hard to find. They are often complex and their viability may rely on access that is granted by another landowner. Hannah Rosenthal in our Real Estate Development team looks at three examples of the law as it relates...

The meaning of practical completion of your construction project: don't leave it to the contract administrator (or the court) to decide

The recent Technology and Construction Court judgment in the case of Mears Limited v Costplan Services (South East) Limited & Others [2018] provides lessons of interest to all developers and any parties taking leases or transfers of property in reliance...

Supreme Court sounds warning to landlords: contrived building works will not defeat a business tenant's right to a new lease

Landlords seeking vacant possession from business tenants often oppose the right to renewal by creating a development scheme which on its face satisfies section 30(1)(f) of the Landlord and Tenant Act 1954 (“ground (f)”). A much anticipated...

A dispute resolution clause could solve the Brexit impasse

A dispute resolution clause could solve the Brexit impasse. The Attorney-General is in Brussels to seek the amendment of the 'backstop'. The EU says it won't amend the Withdrawal Agreement, so some form of add-on is needed. The 'backstop'...

You can't hear a PIN drop

Silence in which you can hear a pin drop is not a feature of Brexit. However, any half-experienced negotiator or mediator will recognise the acronym PIN, standing for Positions, Interests, Needs.  A classic approach to negotiation and mediation is to...

A shipless shipping contract: a fish out of water

A shipless shipping contract: a fish out of water. The Transport Secretary signing a contract for shipping services with a company with no ships could be a script from the 'Yes Minister' TV series and books. But, as we know, it is not fiction. Chris...

Can you really 'Separate the People from the Problem'?

Can you really 'Separate the People from the Problem'? This is the first of four principles of 'Getting to Yes', the seminal book on negotiation by Fisher & Ury. More often than not, when negotiating or mediating a dispute, I find that...

CNIL and Google: GDPR Showdown

(Note: This article is based on an unofficial translation of CNIL’s judgement, so apologies for any errors or misunderstandings arising from this.) Introduction On 21 January 2019 the Commission Nationale de l’informatique et des...

The big construction law question - can you pay now and argue later?

This article first appeared in Construction News . A top judge came out of retirement to help decide a crucial question around interim payments and adjudications, as Hazel Boland-Shanahan explains. Confusing case law on interim payments led...