Restrictive covenant against director ‘too restrictive to enforce’
November 7th 2024The High Court has dismissed a company’s bid to enforce restrictive covenants against a former director. Mark Aspin Director and Head of Dispute Resolution reports on this recent case. The ruling determined that the covenants, which sought to prevent the director from competing for up to 10 years, were unenforceable due to their excessive scope and duration. The case involved Literacy Capital plc, an investment firm, which sought an interim injunction to prevent…
Costcutter wins contract dispute over convenience stores’ debts
October 24th 2024The Costcutter Supermarkets Group has won a contract dispute with two convenience store operators over whether a limitation clause meant they did not have to pay for goods received. Stephanie Johnson, Senior Associate Solicitor, reports on this recent case. The issue arose when Costcutter sought to enforce debts owed by the store operators. The stores argued that the limitation clause in their trading agreements capped their liability, effectively nullifying their…
Supreme Court clarifies meaning and application of collateral warranties
August 14th 2024The Supreme Court has clarified the meaning of collateral warranties in construction contracts and the circumstances in which they may take effect. Mark Aspin Director and Head of Dispute Resolution provides an update. Collateral warranties are issued on most construction projects. They create direct contractual relationships between contractors and third parties, granting them the right to sue a contractor for breach of contract if the contractor fails to fulfil its obligations – typically…
McDonald’s wins dispute with landlord over renewal of premises
July 14th 2024The High Court has ruled against a landlord that devised a development scheme to serve as grounds to regain possession of business premises occupied by McDonald’s. Stephanie Johnson, Senior Associate Solicitor, reports on this recent case. The case, McDonald’s Restaurants Ltd v Shirayama Shokusan Company Ltd, is a rare decision on compensation for misrepresentation under the Landlord and Tenant Act 1954. It also addresses breaches of court undertakings and the…
Partner entitled to share partnership assets despite her resignation
June 5th 2024A woman who resigned from her family’s business partnership is still entitled to a share in the partnership assets, the Court of Appeal has ruled. Mark Aspin Director and Head of Dispute Resolution reports on this recent case. The case of Procter v Procter involved a 600-acre farm. The partnership consisted of two brothers, their sister, and their father. Each partner was entitled to one quarter of the profits. The partnership agreement had…
Legal dispute specialists shortlisted in prestigious regional awards
May 28th 2024The Dispute Resolution team at a Cumbrian legal firm has been named as a finalist in the Northern Law Awards. The team from Cartmell Shepherd Solicitors has been shortlisted in the Litigation and Dispute Resolution category of the prestigious regional awards. It is the only entry with its head office in Cumbria to make the final. The specialist legal team supports clients across Cartmell Shepherd’s offices in Cumbria and Northumberland,…
High Court upholds decision not to impose deposit penalty on landlord
May 7th 2024The High Court has upheld a judge’s decision not to impose penalties on a landlord after a tenant complained that he had not been provided with information about his tenancy deposit as required under the Housing Act. Laura Murphy, Paralegal in our Dispute Resolution team reports on this recent case. The case involved Mr Lowe and the Governors of Sutton’s Hospital in Charterhouse. The issue involved confusion over clauses in…
Tenant’s appeal against possession order struck out by court
April 18th 2024The High Court has struck out a commercial tenant’s notice of appeal against a possession order because it was “bound to fail”. Rob Winder Senior Associate Chartered Legal Executive in our Dispute Resolution team reports on this recent case. The issue arose after the landlord had granted the tenant a lease of the property in 2020. The lease contained a break clause giving the landlord the option to terminate with appropriate written notice.…
Gove pledges to ban No-fault evictions before the General Election
April 2nd 2024The Housing Secretary Michael Gove says the Government will ban No-fault evictions before the next General Election, which must take place within the next 10 months. Laura Murphy, Paralegal in our Dispute Resolution team reports on this recent case. The Government first pledged to outlaw the process when it came to power in 2019. The Renters (Reform) Bill, which includes a ban on no-fault evictions, was introduced in Parliament last…
Couples in company law dispute over development project
March 18th 2024Informal business arrangements often lead to legal disputes when disagreements arise, as in a recent case before the Court of Appeal. Mark Aspin Director and Head of Dispute Resolution reports on this recent case. It involved two couples who set up a property development company. One couple held a 51% stake (the Majority) and the other couple owned 49% (the Minority). All four served as directors. The company acquired a piece of land…
