A company voluntary arrangement (CVA) is a statutory contract between the company and its creditors and is used by a company in financial difficulty to restructure its debts. Accordingly, the specific details of CVA terms will be found in the CVA proposal. We are not privy to the exact terms of the CVA and cannot comment on them. However, its terms should be carefully reviewed to understand the impact it has on any potential lease renewal proceedings. For further information on CVAs generally, see our Practice Notes: Property law

This Q&A covers business-to-business simple contracts (not deeds) for goods or services entered into by persons within England & Wales for (UK incorporated) companies based in the jurisdiction. For purposes of this Q&A, it is assumed that there are only two parties to the agreement, no foreign or conflict of law issues apply and that the contracts and their formation are exclusively governed by English law and solely enforced in the English courts. This Q&A looks at the situation where it is proposed that two signatories sign a contract

Part II of the Landlord and Tenant Act 1954 (LTA 1954) provides for statutory security of tenure for most business tenancies. As a result, a tenancy with security of tenure does not expire by effluxion of time but continues and either the landlord or the tenant can apply to the court for the grant of a new tenancy. The landlord can terminate the tenancy only through following the procedure as set out in LTA 1954 (or by a common law method such as forfeiture or surrender). Under LTA 1954, s 38, parties cannot contract out

Where the fixed term of an assured shorthold tenancy (AST) has expired, a statutory periodic AST will arise on the same terms as the expired tenancy. Once the fixed term of an AST has expired and subject to the landlord serving notice on the tenant, the landlord may issue proceedings seeking possession of the property. Since 6 April 2007, all deposits taken by landlords for residential ASTs in England and Wales must be protected by a tenancy deposit scheme (TDS). The parties to an AST cannot contract out of the obligations. Within 30 days of receipt of the deposit, the

Article 22(1) of the United Kingdom General Data Protection Regulation (UK GDPR), Assimilated Regulation (EU) 2016/679 gives data subjects the right not to be subject to a decision based solely on automated processing, including profiling, which produces legal effects that concern them or similarly significantly affects them. Article 22(1) of the UK GDPR does not apply (ie automated decision making is allowed) in certain specified circumstances, ie the processing is: • necessary for entering into, or performance of, a contract between the data subject and a data controller

The Equality Act 2010 (EqA 2010) contains provisions designed to achieve equality between men and women in pay and other terms of employment where the work of an employee and their comparator (a person of the opposite sex) is equal. It does so by providing for a sex equality clause to be read into the employee’s contract of employment. This is designed to ensure parity of terms between the employee and their comparator. EqA 2010, ss 64–66 impose an equality clause into a person's (A's) terms of work, or an equality rule into an occupational pension scheme,

Step-by-step guide • Protection buyer (party A) and protection seller (party B) enter into an ISDA Master Agreement, Schedule and confirmation with each other to document a CDS. • The CDS references a reference entity. • In this confirmation, party A and party B agree that the transaction will be physically settled in the event of a credit event on that reference entity. • Party A agrees to pay a fixed fee or premium to party B—this may be an upfront payment or periodic payments throughout the life of the CDS contract. • Party A also agrees to deliver deliverable obligations to party B (see Credit derivatives—credit events—Obligations

Company law makes no distinction between a managing director and any other kind of director, and provides no definition of the term ‘managing director’. The company law duties and powers of all directors appointed pursuant to the Companies Act 2006 (and preceding company law) are the same (see Practice Notes: Powers of directors and Directors' duties—a quick guide). However, a person might be given a specific job title and particular responsibilities pursuant to an employment contract in addition to their appointment as a director. For example, a director might be appointed as a non-executive or an executive director. These roles and terms are not created or

This Q&A relates to commercial property and all services referred to is assumed to be the usual main utilities (such as drainage and water, electricity, gas and oil). It is best practice to take meter readings for all relevant utilities on completion and if there is any concern that the seller may fail to pay any utility bills incurred pre-completion, include an obligation in the contract for the seller to indemnify the buyer specifically. If there is a concern that the seller won’t have any cash (eg

The Landlord and Tenant (Covenants) Act 1995 (LTCA 1995) does not apply to “old tenancies” ie those entered into before 1 January 1996. Accordingly, if the sale contract is silent in respect of the issue, the right to sue the tenant for pre-completion rent arrears (for “old tenancies”) automatically passes to the buyer with the transfer of the reversion (see the Law of Property Act 1925, s 141 and Claims to the Possession of Land, paragraph B4.2 and Hill and Redman, Division A, Chapter 4, paragraph 1087). However, it is a chose in action which can be expressly reassigned to the seller. In this regard

Statute limits the amount that can be recovered from tenants of dwellings by way either of service charges (which include insurance rent) or administration charges. In both cases, the landlord can recover no more than is ‘reasonable’, notwithstanding any contrary provision in the lease. The landlord’s ability to forfeit the lease for non-payment is also subject to statutory control, but this is outside the scope of this Practice Note (see Practice Note: Statutory limitations on the landlord’s right to forfeit a long residential lease). Sections 18–25 of the Landlord and Tenant Act 1985 (LTA 1985) cover limitations to, and the reasonableness of, service charges, requests for summary of relevant costs, effects of change of landlord and assignment, as well as providing for an offence of failure to comply. The provisions apply to all dwellings and cover all residential leases, except where LTA 1985, s 26 applies. Section 26 provides for an exception in the case of tenants of certain public authorities. This Practice Note looks at the key statutory restrictions

What is unjust enrichment and when is it used? A claim based on unjust enrichment is one which seeks to restore to an innocent party the gains that someone else has obtained from them. It is sometimes referred to as ‘restitution’ or a ‘restitutionary claim’, but strictly speaking restitution is the remedy for the cause of action which is unjust enrichment. The confusion arises because the unified theory of ‘unjust enrichment’ arose out of claims which were historically known as restitutionary. The modern law of unjust enrichment has developed out of jurisprudence stretching back over centuries and the central principles were developed by academics which were subsequently adopted by the highest courts. In this way it is an unusual area of jurisprudence because, rather than the principles being set out in legislation and/or case law, a significant amount of the detail and nuance of the relevant law is still discussed and explored in academic texts, parts of which are often cited by judges in addition to relevant case law. It is therefore difficult to understand