Court of Appeal upholds restrictive covenant relating to employee
May 10th 2023The Court of Appeal has upheld a restrictive covenant preventing a former employee from working for a rival until 12 months after the end of his contract. Mark Aspin Director and Head of Dispute Resolution reports on this recent case. The case involved NZP Ltd, which developed and produced bile acid derivatives for sale to pharmaceutical companies for use in their products. One of its senior employees, Mr Boydell, was responsible for the…
Contract did not entitle agent to reduced share of £1.2m fee
April 3rd 2023An agreement that an agent was to receive £1.2 million if a property was sold for £6.5 million did not entitle him to a reduced fee if the property sold for a lower figure. Laura Murphy, Paralegal in our Dispute Resolution team reports on this recent case. That was the decision of the Supreme Court in a case involving Barton v Gwyn-Jones. At the first court hearing, the judge found…
Who pays for repairs when one man’s roof is another man’s floor
March 3rd 2023A judge has settled the tricky question of who pays for repairs when one leaseholder’s floor is another leaseholder’s roof. Natalie Tatton Solicitor in our dispute team reports on this recent case. The case involved two maisonettes contained in a house belonging to two freeholders, who leased them in 1980. The ground-floor maisonette had been extended to provide an additional room beyond the kitchen. The roof of the extension served as a balcony…
Landlord’s notice to quit ruled invalid over identity issue
February 3rd 2023A landlord’s notice to quit has been ruled invalid because, although it was delivered to the correct address, it incorrectly identified an individual as the tenant instead of his company. Mark Aspin Director and Head of Dispute Resolution reports on this recent case. The case involved Thomas and Turner. Mr Thomas had been granted a tenancy of an agricultural holding. He then assigned it to his company, OG Thomas Amaethyddiaeth CYF, without informing…
Contract terms didn’t prevent damages claim over mouldy meat
January 20th 2023A food storage company could not use a trade body’s general terms as a way of avoiding a compensation claim from a customer as they had not been incorporated into their contract. Selina Gonzalez Solicitor in our dispute resolution team reports on this recent case. The case involved Scotbeef Ltd and D&S Storage Ltd (In Liquidation). In 2017, Scotbeef arranged for some of its meat to be stored by D&S. There was no…
Landlord can’t recover cost of serving ground rent notice
January 17th 2023The Court of Appeal has ruled that a landlord’s costs of preparing and serving a notice requiring payment of ground rent could not be recovered from the tenant as part of an administration charge. Natalie Tatton Solicitor in our dispute team provides an update. The case involved Avon Ground Rents Ltd and Philipp Stampfer Avon held the freehold to two blocks of flats. The tenant, Mr Stampfer, held a long lease of…
Director liable for company debt after breaching Insolvency Act
December 13th 2022The director of an insolvent company has been told he is personally liable for debt that was incurred when he acted in breach of the Insolvency Act. Laura Murphy, Paralegal in our Dispute Resolution team reports on this recent case. The case involved Mr Langdon, who was director of DYLG, which was in liquidation. DYLG had entered into a contract with PSV 1982 Ltd in September 2017. It breached the…
Telecoms firm must pay damages for delay in relocating phone mast
November 24th 2022A telecommunications infrastructure company has been ordered to pay damages to a property developer after it failed to relocate a mobile phone mast in the scheduled time. Stephanie Johnson Senior Associate Solicitor reports on this recent case. Barkby Real Estate Developments Ltd had a commercial site it planned to develop and sell on to the local authority. Part of the development included removing a mobile phone mast from the site. Barkby…
Director breached his duties by assuming too much control
November 17th 2022The director of a family farming business has been found in breach of his duties under the Companies Act 2006 after he had taken steps to appoint a board within his control. Mark Aspin Director and Head of Dispute Resolution reports on this recent case. The company had been incorporated in 1960. David Metson and his brother Samuel were both directors and owned shares themselves and for other family members. David was one…
Marketing firm’s post-termination covenant ruled unreasonable
August 8th 2022A marketing company has been told that the post-termination covenant in a contract with one of its former suppliers was not enforceable because it prevented fair competition. Mark Aspin Director and Head of Dispute Resolution reports on this recent case. The case involved Mr Lambert, who ran his own business, and Credico Marketing Ltd. Credico operated by entering into trading agreements with independent sales advisers or the company they represented, and those…
