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Archive for July, 2007

Tenant’s CVA fails to shield parent company guarantor from rent liability

In 2006 the electrical retailer Powerhouse proposed a controversial ‘corporate voluntary arrangement’ (CVA) which would allow the closure of its loss making stores but to keep open its profitable ones. Powerhouse hoped to pay a fraction of the rent due to its landlords for the loss making stores which were to be closed. The proposal [...]

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The new CDM Regulations - Health and safety remains a key area of concern for the construction industry

The new Construction (Design and Management) (’CDM’) Regulations 2007 came into force on 6 April 2007. The new simplified regulations impose enhanced duties, in particular, on clients, as well as on principal contractors and designers. Failure to adhere to those duties may give rise to civil and criminal liability. The nature and extent of duties [...]

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Employee and/or director - setting up to compete - duties and dangers

One of the big flashpoints in business is caused by directors and employees - even whole teams - leaving to compete. One tricky decision is about the activities which can lawfully be carried out in preparing to compete before the individuals actually left. The line is difficult to draw between steps which are lawful preparations [...]

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Inheritance tax planning more relevant than ever

In the past few years the value of many assets has enjoyed significant growth, and whilst this has been beneficial to investors, it now means that an increasing number of individuals and their families face a growing Inheritance Tax (IHT) burden. There are a number of ways to mitigate, and in some instances eliminate, the [...]

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