Sentences with phrase «as breach of covenants»

My areas of specialism include contentious housing matters, advising landlords on matters such as breach of covenants, nuisance, possession, subletting, hoarding, disrepair and failing to provide access.

Not exact matches

The Australian Financial Review has also reported on the spectacular returns generated by unlisted portfolio investments such as its student housing project, losses at shoe brand Aquila, and a breach of covenants at artisan bakery Wild Breads.

One of the Australian wine industry's greatest success stories, Casella Wines, has plunged to its first loss in more than 20 years, putting it in breach of its debt covenants and forcing it to slash costs as a high Australian dollar cuts profit from its popular Yellow Tail label.

Speaking to BusinessDay from New York, where he is meeting with key US importers and distributors who handle the bulk of the 12 million cases a year the Griffith - based winery produces, Mr Casella hit out at recent reports, including one in The Wall Street Journal, that portrayed the business as mired in financial woes due to its first reported loss in 20 years and a breach of its debt covenants.

Since British intervention in Afghanistan began, the Conservatives have criticised the poor pay and equipment for her Majesty's armed forces in strong terms as a breach of the nation's covenant with our troops.

The filing continues: «As a direct and proximate result of this breach of the covenant of good faith and fair dealing, Activision has been forced to commit additional resources to Modern Warfare 3, institute litigation to seek a declaration of rights, and incur costs and attorney's fees, and will incur additional expenses».

«As a direct and proximate result of this breach of the covenant of good faith and fair dealing, Activision has been forced to commit additional resources to Modern Warfare 3, institute litigation to seek a declaration of rights, and incur costs and attorneys» fees, and will incur additional expenses in connection with securing the benefits of the MOU.»

The court permitted the action to continue on the basis of the social covenant and the honour of the Crown pleadings as well as claims for breach of fiduciary duty and claims under the Charter.

During his 21 - year legal career, Mr. Goldberg has litigated hundreds of cases in federal and state courts throughout the United States involving claims of retaliation, discrimination, wrongful termination, fraud, defamation, breach of fiduciary duty, and breach of contract, as well as commercial contract disputes, civil RICO, ERISA, trade secrets and restrictive covenants, corporate governance disputes, minority shareholder disputes, partnership disputes, Madoff counseling and defense, advancement and indemnification proceedings, whistleblower actions (SOX and CEPA), executive compensation counseling, litigation, and arbitration, international litigation and arbitration, antitrust litigation and arbitration, products liability litigation, environmental and toxic tort litigation, and securities fraud.

Among the various bodies of law in which we focus on are Title VII of the Civil Rights Act of 1964, the New York State and City Human Rights Laws, the Fair Labor Standards Act, and the Family Medical Leave Act, as well as common law causes of action in breach of contract, covenants not to compete, duty of loyalty, fiduciary duty, and unfair competition.

Thus, any violations of the FLSA by an employer could constitute breach of the employment contract which, as discussed supra, could prevent the enforcement of any restrictive covenants contained in the employment contract.

This exception, known as the breach of the implied covenant of good faith and fair dealing, prohibits an employer from terminating an employee who is paid on a commission basis for the purposes of preventing that employee from earning his or her commission that is about to become due.

«TCC claims 2.1 The following are examples of the types of claim which it may be appropriate to bring as TCC claims --(a) building or other construction disputes, including claims for the enforcement of the decisions of adjudicators under the Housing Grants, Construction and Regeneration Act 1996; (b) engineering disputes; (c) claims by and against engineers, architects, surveyors, accountants and other specialised advisers relating to the services they provide; (d) claims by and against local authorities relating to their statutory duties concerning the development of land or the construction of buildings; (e) claims relating to the design, supply and installation of computers, computer software and related network systems; (f) claims relating to the quality of goods sold or hired, and work done, materials supplied or services rendered; (g) claims between landlord and tenant for breach of a repairing covenant; (h) claims between neighbours, owners and occupiers of land in trespass, nuisance etc; (i) claims relating to the environment (for example, pollution cases); (j) claims arising out of fires; (k) claims involving taking of accounts where these are complicated; and (l) challenges to decisions of arbitrators in construction and engineering disputes including applications for permission to appeal and appeals.»

Issues as to the landlord / developer breaching the covenant of quiet enjoyment and derogating from the grant of leases by seeking to restrict amenity and subsume land in further development.

In Soil Instruments Ltd v Mr Robert King Mason, His Honour Judge Bird, sitting as a Deputy Judge of the High Court, considered whether Mr King Mason should be committed to prison for alleged breaches of an Order made by Mrs Justice May on 26th July 2017, concerning the use of confidential information under a restrictive covenant.

Within the restricted two - year period after Lanning's departure, Manitowoc alleged that Lanning breached this covenant by engaging in competitive activities such as actively recruiting (or poaching) some of Manitowoc employees to work for his new company.

Amy's practice extends into the civil courts where she has represented clients in claims of discrimination, wrongful dismissal and matters involving breaches of covenant such as confidentiality and restraint of trade.

She has acted for clients in landlord and tenant matters, boundary and easement disputes, disrepair and breach of covenant claims, forfeiture actions, business tenancy and residential possession proceedings, lease extension and enfranchisement proceedings as well as boundary and easement disputes.

* Conduct of the Business Clause: The alleged (almost unbelievable) violation by Harman of its capital expenditures covenant and subsequent termination of its agreement to be acquired by KKR and GS Capital Partners underlined the need to keep clients alert and informed of these clauses, as well as for clients to have appropriate systems in place to prevent breaches.

Gillian has successfully conducted a number of long - running and complex service charge cases in the First tier tribunal (Property chamber) and County Court on behalf of freeholders and management companies, and dealing with breach of covenant counter-claims and points of law as to consultation requirements and the construction of leases.

Interstate successfully defended by claiming that as a matter of law it could not be liable for tortious interference because Mr. Hutchens was predisposed to breach his covenant not to compete.

But having bought ALM at the top of the market, the post-crisis advertising downturn hit Incisive hard and it breached its lending covenants in 2008 as debt grew to nine times earnings.

The application judge found that the two - member firm partnership had been dissolved and declared the restrictive covenant unenforceable as a penalty, but directed a trial of an issue to determine the damages payable by the appellant as a result of a breach of the portion of the portion of the covenant he found valid and severable — the withdrawal having triggered a clause in the agreement which called for the reduction of the withdrawing partner's capital account «by 500 % of the average fees billed by the firm to clients who transfer to the withdrawing partner within 24... Read More

The application judge found that the two - member firm partnership had been dissolved and declared the restrictive covenant unenforceable as a penalty, but directed a trial of an issue to determine the damages payable by the appellant as a result of a breach of the portion of the portion of the covenant he found valid and severable — the withdrawal having triggered a clause in the agreement which called for the reduction of the withdrawing partner's capital account «by 500 % of the average fees billed by the firm to clients who transfer to the withdrawing partner within 24 months of the withdrawal date».

Recommended in Legal 500 and Chambers and Partners as a leading junior in Employment law, Holly has a particular interest in High Court employment disputes and has acted in a number of cases concerning covenants in restraint of trade and breach of confidence, as well as bonus claims.

The gateway to the scheme is «tenant default», broadly defined as any breach by the tenant of a covenant or condition of the tenancy, unless the parties have agreed otherwise.

This appeal considered the circumstances in which it is permissible to award damages measured as a percentage of the defendant's profits resulting from the breach where a defendant is found to have breached a restrictive covenant.

Having bought ALM at the top of the market, the post-crisis advertising downturn hit Incisive hard and it breached its lending covenants in 2008 as debt grew to nine times earnings.

The original and replacement tenancies will be treated as the same tenancy for the purpose of certain legal proceedings — at the moment landlord's claims for breach of covenant, and tenants» claims for breach of statutory duty — the act permits further classes of litigation to be added by regulation.