Business Dispute Resolution

Water company granted injunction against former business manager 

July 28th 2022
 

A water company has been granted an injunction against its former business development manager after he breached post-termination restrictive covenants in his employment contract.  Mark Aspin Director and Head of Dispute Resolution reports on this recent case. The case involved ATAC Solutions, which provides water and waste services to commercial and domestic customers, and its former manager Mr Crotty.  Crotty had started working for ATAC in 2017. He was the principal contact for…

No fault evictions to be banned in ‘New Deal’ for renters  

July 15th 2022
 

No-fault evictions are to be banned as part of government plans to “end the injustice of unfit homes and help protect renters from the rising cost of living”. 

Recruitment specialist ordered to comply with restrictive covenant  

July 7th 2022
 

An IT recruitment specialist has been ordered to deliver up confidential business information belonging to her former employers in line with the post-termination restrictive covenants in her contract.  Selina Gonzalez Solicitor in our dispute resolution team reports on this recent case. The case involved IT recruiter Ms Chadli. She had worked at the London office of Technology Sourcing Ltd since October 2020.  Chadli led a team that sought out specialist IT…

Insurance company wins £80m contract dispute with IBM

May 23rd 2022
 

IBM has been ordered to pay an insurance company £80m following a contract dispute. Stephanie Johnson Senior Associate Solicitor in our dispute resolution team reports on this recent case. It had agreed to provide Soteria Insurance Ltd with an IT system over a 10-year period. After a series of delays, Soteria refused to pay a “milestone” invoice presented by IBM.  Relying on the non-payment, IBM terminated the contract, and the IT system…

Restrictive covenant placed on MD ‘reasonable and enforceable’

May 12th 2022
 

A veterinary company has successfully used a restrictive covenant to prevent its former managing director contacting its clients with a view of taking them to his new business. Rebecca Armstrong Associate Solicitor in our dispute resolution team reports on this recent case. The case involved Eville and Jones (Group) Ltd and Aldiss. As managing director, Aldiss was responsible for the day-to-day running of the business and held a 5% share in the company.…

Franchisor granted injunction to prevent use of confidential data 

May 5th 2022
 

A letting boards management franchisor has been granted an injunction to prevent a former franchisee from using confidential data. Mark Aspin Head of Dispute Resolution reports on this recent case. However, it was unable to prevent the former franchisee from setting up a competing business in the area.  The case involved Countrywide Signs Ltd, whose business was the erection, maintenance and management of sales and lettings boards used by estate agents. This involved…

Landlord wins injunction dispute with tenant over possession order

February 16th 2022
 

A landlord has successfully challenged an injunction granted to a tenant who claimed he had been unlawfully evicted. The court also granted the landlord a possession order for the property under dispute. Natalie Tatton, solicitor in our dispute team reports on this recent case. The tenant, Mr Rasool, had applied for a without notice interim injunction, supported by undated and unsigned particulars of claim. His case was that the landlord, Paddington…

Is poaching employees illegal in the UK?

January 26th 2022
 

Injunction granted against ‘poaching and competing’ employee Our associate solicitor in dispute resolution, Rebecca Armstrong, brings us an overview of this remarkable case which illuminates the complexities of the question – is poaching employees illegal in the UK? In a landmark case, a UK-based logistics company, JM Solutions UK Ltd, successfully secured an injunction against a former employee named Dave, accused of employee poaching and working with a rival company.…

Architect faces negligence claim after leaving door open

January 11th 2022
 

An architect and his firm face a negligence claim after a cinema was damaged by fire after he left a door open during an inspection. David Tew, Associate Solicitor reports on this recent case. The cinema belonged to Rushbond Plc. The architect worked for JS Design Partnership LLP. Together with an engineer and a quantity surveyor, he had carried out an inspection on behalf of a potential purchaser. He gained access…

David Tew, Solicitor

Accountants can’t be held liable for client’s failed investment

November 25th 2021
 

The High Court has rejected a claim that a firm of accountants failed in their duty of care and should be held liable for a client’s failed investment. David Tew, Associate Solicitor reports on this recent case. The client, Mr Knights, sought damages from Townsend Harrison Ltd for losses he suffered after the firm introduced him to three tax schemes and an investment opportunity. Townsend was not authorised by the Financial…

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