Articles & Downloads / Commercial


Celia Worthington

Check your Bank Terms

15 January 2019

Most businesses borrowing from a Bank will consider carefully the terms of the Bank facility agreement. Even in situations where there is no scope for amendment it is prudent to consider the document carefully to ensure that as a borrower you fully understand the risks. Many of the terms in the facility letter are standard but many are obviously case specific and some may be up for negotiation if circumstances permit. Read More


Rachel Toner

Russian Roulette or Mexican Shoot Out in the Boardroom?

28 November 2018

Shareholder disputes can be thorny, but to suggest you resolve them by resorting to Russian roulette or a Mexican shoot out may seem extreme. However, these are methods for disputing shareholders to agree a share price so one party can exit. When a dispute arises creating a deadlock in decision making, the difficulties can escalate to the detriment of the company. It is therefore vital the shareholders consider the ways which they can break deadlock before damage to the company is irreparable. Read More


Michael Duffy

Canary Wharf v European Medicines - can a Tenant terminate it's lease early in light of Brexit?

20 November 2018

There is still a massive amount of uncertainty surrounding Brexit and its implication for businesses in the UK. In the context of commercial leases, one interesting case is the ongoing saga between Canary Wharf Group and the European Medicines Agency. The European Medical Agency (the Tenant of the premises in question) are arguing that its 25 year lease of its London Headquarters at Canary Wharf has become frustrated. The European Medicines Agency is arguing that under the Doctrine of frustration, they should be released from their liability under the lease as they are unable to perform their obligations under the lease, due to events occurring outside their control. The event outside its control is of course Brexit which they are saying has ‘frustrated’ their lease with Canary Wharf Group. Read More


Michael Press

Who insures? An introduction to insurance under a commercial lease.

27 September 2018

The news headlines have been dominated by stories of the Bank Buildings engulfed in flames and at risk of collapse. The Bank Buildings was constructed in 1785, having withstood not only the 1941 Blitz but also three bomb explosions in 1975. Whilst discussions continue regarding the structural integrity of the building, Associated British Foods plc (Primark’s parent company) has confirmed that the building is covered by a policy of insurance and this should prompt property owners, landlords and tenants to consider their responsibilities when it comes to insuring their building or business premises. Read More


Celia Worthington

Are your terms certain?

13 September 2018

An essential element to any contract is certainty of terms. A recent case in the Court of Appeal, Robert Bou-Simon –v – BGC Brokers LP, highlighted the risks once again where terms to a contract were not clearly recorded in written documentation between the contracted parties. Read More


Michael Duffy

Recovering loss arising from a negligent survey when purchasing a property?

14 August 2018

Picture the scenario: a prospective purchaser has instructed a surveyor to prepare a report. The report shows that the property is structurally sound and the purchaser purchases the property on the strength of the survey. After moving in, the purchaser discovers defects or other adverse issues that were not revealed by the survey. Read More


Graham Pierce

Is your occupancy secure?

17 July 2018

Most occupiers of business premises will be aware that they have certain protections afforded to them under the provisions of the Business Tenancies (NI) Order 1996. Amongst other provisions, the Order allows a tenant the right to a new tenancy on the expiry of the term of the tenancy unless the landlord can object to a new lease being granted and therefore regain possession using one of a number of limited and specific grounds as contained in the Order. However for the legislation to apply in the first instance the tenancy must be one that is capable of being protected by the legislation. Read More


Catherine Cooney

Top ten tips any new business should know

05 June 2018

Starting out in business is daunting and most start ups will want to focus on building the business and bringing in money. However, it is important to take the right legal steps at the beginning to avoid time consuming and expensive issues later. This short checklist is designed to help businesses mitigate the legal risks and achieve commercial success. Read More


Page 1 of 7

Next >

Newsletter Signup