Tenants’ guide to commercial leases during a pandemic

Whilst various lockdown restrictions have been eased, others have only recently been introduced. This has led to a plethora of concerns with some commercial tenants now seeking clarity in respect of their position. Accordingly, we have put together a guide below to clarify some points commonly raised. What to do once your lease term ends? If you have decided to move on upon the end of your contractual term, then all you would need to do is simply move out. However, if recent events have resulted in indecision with your…

High Court – implications of lease terms when giving up a lease

In a case at the High Court on the 23rd September 2020, the High Court examined how a clause in the lease about returning the property to the landlord at the end of the lease applied where asbestos was left buried across the site at the end of a lease. The tenant had appointed consultants to remove buildings from the site. The consultants' works in dismantling the buildings had disturbed asbestos-containing materials and spread them across the site. As with all such matters, the facts of the case were critical,…

What is a privacy policy and what should it contain?

Briefly, a Privacy Policy is a statement that specifies how a data controller collects, stores, processes the personal data provided by the users of a website. As required by the EU General Data Protection Regulation (GDPR) data controllers should provide certain information to individuals whose personal data is held and used for specific purposes. The definition of personal data includes names, addresses, IP addresses, telephone numbers, date of birth, and financial information, such as debit or credit card details. The GDPR emphasizes that you should be clear about how you…

COVID-19: New grants for businesses affected by local lockdowns

On 9 September 2020, Ministers announced new funding to support businesses that have been forced to close temporarily due to local COVID-19 related lockdowns. To be eligible for the grant, a business will have been required to close due to local COVID-19 restrictions. Businesses still closed at a national level (e.g. nightclubs), will not be eligible for the scheme. Larger businesses will receive £1,500 every three weeks they are required to close. Smaller businesses will receive £1,000. For this purpose, the level of support will be defined as follows: If…

Checking all your T&Cs match up to the new normal

Companies should prioritise risk management in their approach to business and review their third-party relationships and contracts as the coronavirus pandemic continues. While the degree of disruption to supplies and staffing has settled since its initial peak, it is still fragile, and the future uncertain.  Staff are engaged in new ways of working and supply chains continue to experience pressures outside their control. With the pandemic reaching into every aspect of business, it is important to review practices, policies and processes to be sure they match up to the new…

CLC guidance on the use of face coverings in construction

The Construction Leadership Council (CLC) has published its latest guidance, The Use of Face Coverings in Construction during Coronavirus (COVID-19). The key points to note: That while the use of face coverings is mandatory for a number of public places, the government's guidance on construction and other outdoor work does not require face coverings for COVID! Unless there are suspected cased of COVID. Normal PPE is to be used where required but this is not as an extra for COVID. In the guidance, there is an explanation of face coverings…

Shareholders’ Agreement: why should your company have one?

Although there is no legal requirement to have a Shareholders’ Agreement (‘SHA’), shareholders are often advised to have an agreement when starting a company with more than one shareholder. An SHA is an agreement between all or some of a company’s shareholders defining the parties’ rights and duties and how they will reach certain decisions. The following are some of the important reasons why your company should have an SHA in place: Privacy When a company is incorporated, the Articles of Association of the company are filed at Companies House,…

Corporate insolvency: the proposed new rules

On the 20th of May the House of Commons carried out the first reading of the new proposed Corporate Insolvency and Governance Bill, which is set to bring substantial changes to the current rules. Of course, the below is not yet law, however, it provides a good indication in the direction in which things are heading. A second reading is scheduled for the first week of June 2020. The aim of the bill is to provide more debtor-friendly provisions that will assist in rescuing struggling companies. These include: •             New…

Company responsibilities during the Covid-19 pandemic

The UK Government has put in place substantial measures to help mitigate the devastating effect of Coronavirus (Covid-19) on the economy. During this lockdown period, and economic downturn, company directors are trying to comply with the government’s measures, as well as satisfying their own obligations to the company. Directors are concerned about fulfilling their responsibilities, acting with reasonable care, and in the best interests of the company, as required by the Companies Act 2006. However, during these unprecedented times, the directors’ decision mechanism is usually dependent on two vital questions:…

What is a Notary and why are they important when conducting Overseas Contracts

It is quite common that when a document is required overseas and as part of an international transaction, people come across words such as “notarisation”, “legalisation” and “apostille”. Below is a summary of the importance of Notaries. Notaries play an important role in overseas documents and international transactions as many documents, including the gravity of power of attorneys and some deeds, will require the witness signs in the presence of a notary public. The Notary will often verify the signature of the signing party and also their capacity to sign…

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