Richard Fowler represented the successful landlord in the Supreme Court in a notable new case about commercial leases. On 18 January 2023 the Supreme Court handed down judgment in Sara & Hossein Asset Holdings Ltd v Blacks Outdoor Retail Ltd [2023] UKSC 2. Richard, instructed by Pinsent Masons LLP, acted for Sara in the...
As a general principle, a company may make “distributions” to shareholders out of profits available for the purpose, but not out of capital. The circumstances in which a company may properly make distributions to its shareholders are governed by two sets of rules: those in Part 23 of the Companies Act 2006,...
Davey v Bailey [2021] EWHC 445 (Ch) is a significant judgment on the law of deathbed gifts (donationes mortis causa; “DMCs”). A DMC is one of the few ways in which a person can make a valid transfer of property on death without complying with the formalities required by section 9 of the...
Summary Richard Fowler acted for the successful appellant landlord, Sara, before the Court of Appeal and at first instance in a dispute over service charges claimed pursuant to a “conclusive certification” clause in leases of commercial premises. The reasoning of the Court of Appeal’s judgment is also applicable in...