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March 2007

Residential Tenancies - Tenancy Deposit Scheme

Thu, 01/03/2007 - 02:00 — Georgina Smith

When provisions contained in the Housing Act 2004 come into force a landlord will not be able to take a deposit in respect of an assured shorthold tenancy unless it is covered by a Tenancy Deposit Scheme (TDS). The main aim of the legislation is to put an end to the problem caused by unscrupulous landlords who do not return deposits at the end of a tenancy, says Richard Holland of law firm Sydney Mitchell. The provisions are due to be introduced on 6 April 2007.

A TDS is designed to:

Legal Action In Foreign Countries

Thu, 01/03/2007 - 02:00 — Georgina Smith
With the expansion of the EU and increasing pressure to keep costs low, more businesses are looking abroad for potential clients and suppliers. But what happens when a business relationship breaks down and you are faced with a claim by a foreign business or you want to take legal action against a foreign business?

In this article, we guide you through matters to consider and the steps to take once faced with the prospect of a cross-border dispute.

Phoenix Companies'

Thu, 01/03/2007 - 02:00 — Georgina Smith
Insolvency law is littered with cases involving so-called 'Phoenix companies' - ones which fail and then seemingly reappear overnight in substantially the same form and with substantially the same management. Typically, a Phoenix company will use some or all of the assets of the insolvent company (such as stock, premises, equipment and so on) and will trade in the same industry as, and in a similar way to, its failed predecessor. Also, the name of the Phoenix company is frequently similar to that of the failed company.

Tighten Your Credit Control

Thu, 01/03/2007 - 02:00 — Georgina Smith
Although 2006 saw few large corporate failures, the statistics for smaller insolvencies were up again, with over 100,000 in 2006. Also, it has been reported that there was a 'sharp rise' in winding-up petitions during the last quarter of 2006, compared with the previous quarter.

With financial conditions tightening, clients are reminded of the wisdom of making sure that credit control procedures are not allowed to become lax and that new customers are subject to appropriate credit vetting.

On-The-Spot' Risk Assessments

Thu, 01/03/2007 - 02:00 — Georgina Smith
Workplace injuries sometimes occur whilst an employee is carrying out a task that they have performed perfectly safely on numerous prior occasions. The success of employee claims in such circumstances will depend on the foreseeability of the injury, relevant risk assessments and the quality of the training provided by the employer.