Business Law

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.…

A House of Commons employee who had a musculoskeletal condition was discriminated against as a result of her office’s hot desking policy. Jennifer Cafferky Solicitor in our employment team reports on this recent case. Ms A Baker had worked at the House of Commons since 1991. She needed to use specialist desk equipment such as an orthopaedic chair, specialist keyboard and mouse, number pad and reading/writing slope. However, due to the…

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…

“Uncertainty is part of life and business, but things at the moment take the biscuit.  We have commodity and input prices soaring while the breadbasket of Europe is under threat, and UK food exports sit perishing on motorways.  The future of UK farming schemes is becoming clearer, but with many questions still unanswered.  For our farming and landowning clients, polishing their crystal ball is becoming a vital skill. Events in…

A new law to resolve commercial rent debts accrued because of the pandemic has now come into effect. Carly Davies, our Debt Control Manager, provides an update. The Commercial Rent (Coronavirus) Act 2022 provides a legally binding arbitration process for eligible commercial landlords and tenants who have not already reached an agreement.   It’s designed to resolve disputes about certain pandemic-related rent debt and help the market return to normal as quickly as…

A liquidator has failed to prove that a businessman had acted as a shadow director of a company and was therefore liable for paying compensation for breaches of duty.  Sam Lyon Head of Corporate & Commercial reports on this recent case. The case involved three related companies in liquidation.   The liquidator brought claims against a director of one of the companies for alleged breaches of his duties, and for declarations that certain payments…

An employee was unfairly dismissed after he refused to return to the office during the pandemic because he lived with his girlfriend who was clinically vulnerable. Jennifer Cafferky Solicitor in our employment team, reports on this recent case. The case involved Nicholas Quelch, who worked as a compliance analyst at Courtiers Support Services. On March 18, 2020, Quelch began working from home after the Prime Minister said the public must stay…

EMPLOYERS need to do more to support female workers through the menopause, says a leading employment solicitor. Joanne Stronach, who is Head of Employment Law and HR at Cartmell Shepherd Solicitors, said businesses face losing valued members of the workforce unless they put in place measures to support women experiencing menopausal symptoms. Almost one in four women cut short their careers because of the menopause, with those experiencing serious symptoms…

A director who sold a company when it was insolvent and diverted a significant amount of the proceeds to himself and his wife rather than paying the company’s creditors was liable for repaying £1.2 million. Sam Lyon Head of Corporate & Commercial reports on this recent case. The wife was also held liable. The company’s liquidator brought the claim of misfeasance against the director and a claim of dishonest assistance and…

The late payment problem is getting worse and is now threatening to destroy thousands of small businesses, according to a survey carried out by the Federation of Small Businesses (FSB). Carly Davies, our Debt Control Manager, provides an update. The study of more than 1,200 business owners found that one in three businesses (30%) have seen late payment of invoices increase over the last three months, with a further 8%…