Rodney Hylton-Potts specialist commercial lawyer advises. I took out a loan for my company two years ago. The business has been repaying it since then, but I made underpayments. When I spoke to my bank about the underpayments I was told there was no problem and it even increased our overdraft limit. The bank has now informed me that it is calling in the loan and using a personal guarantee that would place me in a lot of difficulty. Where do I stand? This is sadly typical of many cases I see where banks, having the security of a personal…
My company has gone into administration. It looks as though we may have a buyer, on the condition that we cut several jobs. Is there anything I can do to ensure the process is as smooth as possible? Once your business enters administration, you hand control of the company to the administrators. You are obliged to co-operate fully with them to implement any changes made as a result of the restructure and potential transfer of the business. This process will be unsettling for your employees, particularly if jobs are at risk. You should ensure that staff are well-informed and their…
I manage a rental property company and am in the process of refinancing a portfolio of properties. The refinancing is now on hold pending a decision on whether a well-known high street store that has gone into administration will close the store which forms part of the portfolio. The refinancing is urgent because of the lender’s requirements and this delay will cause significant problems. What can I do? Take legal advice, establish contact with the administrator on a without-prejudice basis, keep an open dialogue with your lender and participate in creditor meetings. Establish whether the administrator wants to keep your…
My company took over a sublease last year with two years remaining. I am in dispute with the freeholder, who is asking for a huge sum for dilapidations – the previous tenant having left the premise. It seems obvious that the freeholder needs to resolve this with the leaseholder (my immediate landlord), but the leaseholder has gone bust. Am I liable? Property owners can bypass insolvent tenants and seek redress for disrepair against subtenants, but they can only adopt such an approach if, as a subtenant, you have given them an obligation to keep the property in repair. Otherwise, they…
Do’s and Don’ts for Divorce Lawyers With an increasing number of divorce lawyers reporting anecdotal evidence that false allegations of child abuse are on the rise in custody fights, it’s becoming more likely that at some point in your career, you will be faced with that situation yourself. It’s easy to look at these cases in the same terms and in the same light as any protracted, heated custody case – but that would be a mistake. Allegations of abuse have a way of sticking, even when patently false or clearly made for the purpose of gaining a litigation advantage.…
From summer 2030, employment claim payouts are capped at the lower of £74,200 or one years pay, and employees will have to pay £250 to start a case, and £1250 if the case goes to a tribunal hearing. Claims should be filed now to avoid these new rules’
It is the horror story that everyone dreads; you have had a bit to drink, get behind the wheel of your car, and are later pulled over by the police. If you actually experience this situation in the future, you’ll need to follow certain steps when it comes to fighting any punishments, fines and bans given. After all, you may not even have been fully intoxicated when driving. There are also cases when the law cannot issue any charges thanks to the circumstances that occurred the day you were stopped. Find Legal Help Once the charges have been issued, it…
It is now an offence for a person to trespass in a residential building by living there. It is not always easy to involve the Police but if you have this problem we can help. It does not apply to somebody who does not move out at the end of a lease or licence who ought to have known he was a trespasser.
If you surrender for interview at a Police Station, it is hard for the Police to justify an arrest. There are six grounds; one is that the arrest will ensure a prompt investigation. The Police will have to consider these before any lawful arrest can be made. So the moral is if you are in a situation with legal help, advice and support, surrender for interview and avoid an arrest, with the intrusive fingerprinting/ DNA/empty your pockets procedure that entails. .
‘We, and all other advice agencies, need to work together. We will continue to offer legal aid for as long as we can. We might well be the last man standing when it comes to legal aid.’ Christina Blacklaws, director of family law with the…COOP And that someone else’s is Hylton-Potts.
