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…
Water company granted injunction against former business manager
July 28th 2022A 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 2022No-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 2022An 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 2022IBM 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 2022A 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 2022A 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 2022A 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 2022Injunction 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.…
