Business Law Update - Dec 2011

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dolegal business news
December 2011
In this issue:
Vacant Possession Means What It Says
Radical Family Friendly Changes Proposed
Debenhams Ottaway successful in action against easyGroup
Developer Pays Price For Unauthorised Demolition

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Dear Penny

Jonathan Foy Welcome to the December edition of dolegal Business News, keeping you up to date with all the latest news that affects your business.

We are aware that as a firm, our operations touch members of the community daily, whether as clients, employees, businesses or residents. We are committed to fostering good relationships with the communities in which we work and I wanted to take this opportunity to tell you about our most recent community initiative, the ‘Inspiring People Awards’ which we are running in conjunction with the St Albans & Harpenden Review newspaper. Each month, these awards will recognise an individual who through their encouragement, support and mentoring have inspired young people within the St Albans district to achieve their best.

I am sure most of you can name such an individual and I would encourage you to nominate them for an award. To nominate someone, send an email to marketing@dolegal.co.uk with the individual’s name, details about why they are being nominated and any relevant contact details. Please also include your name and a contact number. A nomination form can also be found on the Review’s website.

Our round up of the top legal stories this month follows and you can keep up to date with all the latest legislation changes and cases by visiting our website which is updated throughout the month.

Jonathan Foy
Partner, Business Services Team

Empty WarehouseWhen does a commercial property become vacant under a lease agreement? This question was considered recently in a hearing in the Court of Appeal brought by haulage and storage firm NYK Logistics (UK) Ltd., a former tenant of Netherlands property owner Ibrend Estates BV. On 3 April 2008, NYK signed a two-year continuation of an existing lease with Ibrend on a warehouse property. The schedule to the lease included a tenant break clause, allowing NYK to terminate the lease on 3 April 2009, provided six months’ notice was given, all rent was paid up to that date and NYK delivered vacant possession on that date. However, a dispute arose as to whether or not vacant possession had been given on the date specified under the lease agreement. This is quite an involved story, but makes for interesting reading, especially for anyone involved in commercial property.

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Protect their future A recent government review “Consultation on Modern Workplaces” has made some radical proposals regarding family friendly legislation. The consultation process has now closed. This article summarises some of the proposed changes.

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The firm recently acted for Nick Manoudakis, the first employee and former CFO of easyJet and easyGroup in respect of a successful High Court action against easyGroup.

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DemolitionA developer who completely demolished a property when he only had permission to demolish part of it has landed himself with a fine and legal costs totalling more than £120,000. The plans submitted by the developer showed the house, located in a conservation area, was to be partly replaced by a replica which was sympathetic to the area. The local authority received no notice that the developer’s intention was to demolish the entire property. He has been given a year to pay the £80,000 fine and costs of £42,500, or else he will face a two year jail sentence.

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