On 19 October 2016, the Court of Appeal in the case of Cardiff County Council v Lee (2016) EWCA Civ 1034 made it clear to landlords that following a Defendant/tenant’s breach of a Suspended Possession Order (“SPO”) they must first ensure that they obtain permission from the Court to apply for a warrant. Our note […]
Pictured: Karen Murphy who, along with Alicia West, organised the fundraising event In what has rapidly become a firm favourite in the Owen White events calendar, staff across all departments have spent the weekend baking in preparation for this week’s Macmillan’s World’s Biggest Coffee Morning. Experienced bakers and enthusiastic amateurs alike will be shipping […]
Accelerated Possession Procedure For many years the accelerated possession procedure has been a preferred method used by landlords to recover possession of properties let on Assured Shorthold Tenancies (“ASTs”). The Deregulation Act 2015 The Deregulation Act 2015 (the Act) and the Assured Shorthold Tenancy Notices and Prescribed Requirements (England) Regulations 2015 (as amended) (The AST […]
Developers will often agree to buy land subject to the grant of a satisfactory planning permission. The contract will need to define what constitutes a satisfactory planning permission. Here at Owen White we have developed an innovative way of dealing with this. Conditions and Obligations When planning permission is granted the local planning authority will […]
We are truly thrilled to tell you that one of our directors, Caroline Cowley, is currently in Tryon, North Carolina, waiting to represent Great Britain as part of the Endurance Team at the World Equestrian Games this week. Caroline, who is more normally found heading up our Property Disputes department, has flown the 4,034 miles […]
Q: “What portion of my investment level should I consider be ring-fenced off for consultation with franchise-specialist legal consultants” The cost of a franchise agreement review will vary depending on the firm instructed but, as a guide, a comprehensive review will typically cost in the region of £500 to £750 plus VAT. What is in […]
L to R: Lynsey Smith, Catherine Morris, Russell Ford, Nicola King, Caroline Cowley, Jessica Waters, Alicia West, Andrew Hayward. Staff from Owen White’s Litigation team recently attended a ‘Rock at the Races’ concert, organised for the Children’s Critical Care Appeal by the Frimley Health Charity at Wexham Park Hospital. The event, which took place […]
Q: “Can the franchisor change the fixed payment or royalty/percentage structure to suit them at any given time? How am I supported by the franchise agreement in order to yield a decent return?” Specialist franchise lawyer It would be a very strange franchise agreement that allowed the franchisor to make such fundamental changes during the […]
What can I do if someone is trading using my trade name? A trading name or business name is the name used by either a person, partnership or a company for carrying on business which is not the same as their own name. The Trade Marks Act 1994 There are no intellectual property rights in […]
Q: What protection do I have against the franchisor not keeping its side of the agreement? Is there not a David and Goliath-sized difference in the recourse I have in case of dispute? A: Size doesn’t matter The fact that the Franchisor is likely to be a much larger company with greater resources than an […]
