Mark Aspin

Director didn’t breach duty over employee bonus in company transfer

September 2nd 2021
 

A director didn’t breach his legal duty when he gave an employee an enhanced bonus entitlement shortly before a takeover involving the transfer of employment contracts. Mark Aspin Head of Dispute Resolution reports on this recent case: That was the decision of the High Court in a case involving Reader v SPIE Ltd. The court heard that Paul Garside had sold his company to SPIE under a share purchase agreement which…

Father granted access to business records in family dispute

August 16th 2021
 

A father has been granted access to information concerning the family businesses of which he was a director. Mark Aspin Director & Head of Dispute Resolution reports on this recent case. The issue arose because he was in dispute with his son and daughter-in-law, who were also directors. The family business comprised of companies that operated residential care homes. The father and mother established and ran it on their own…

Director banned for paying herself while failing to pay creditors

June 30th 2021
 

A broker who traded while insolvent and took money from her company for herself while failing to pay creditors £140,000 has been disqualified for seven years. Mark Aspin Director & Head of Dispute Resolution reports. Kathleen Shepherd, aged 58, from Southampton, was the sole director of Shepherd Site Services Limited, a company which acted as a broker to provide waste management services to the construction industry. The company went into administration…

Publisher granted injunction against its former chief executive

March 3rd 2021
 

A publishing company has been granted a further injunction preventing its former chief executive officer from disclosing sensitive information obtained during his employment. Mark Aspin Director & Head of Dispute Resolution reports. The executive had worked for the publisher until he was dismissed for gross misconduct in 2018. He threatened to bring employment tribunal proceedings, but the case was settled in July 2018. The settlement agreement defined what confidential information…

Travel agency ‘wrong to use data from rival’s former employees’

February 18th 2021
 

The Court of Appeal has ruled that a travel agency was wrong to take client contact information disclosed by its competitor’s former employees and add it to its own computer database. Mark Aspin Director and Head of Dispute Resolution reports. The issue arose after the agency, Trailfinders, hired some employees from a rival agency, Travel Counsellors Ltd (TCL). Trailfinders expected new employees to bring their own customers and encouraged them…

Will Your Business Qualify for Covid-19 Business Interruption Insurance?

January 21st 2021
 

Mark Aspin Director and Head of Dispute Resolution provides an update. Since last May, we’ve been following the proceedings launched by the Financial Conduct Authority (FCA) to add some clarity to the availability of “Business Interruption” (BI) insurance as a result of business closures as a result of the pandemic.  Last September the High Court came to its conclusions, and as the national press has now reported the Supreme Court…

Struggling businesses given extra time to avoid insolvency

January 4th 2021
 

Businesses struggling with debt due to the Covid-19 crisis have been given extra breathing space to help them avoid insolvency. Mark Aspin Director & Head of Dispute Resolution provides an update. A temporary measure introduced by the Corporate Insolvency and Governance Act restricting the use of statutory demands and winding-up petitions, which was due to expire on 31 December 2020, has been extended to the 31 March 2021. This will…

Firm gets injunction against former MD to protect its business

December 14th 2020
 

A cryptocurrency firm has successfully taken legal action to prevent its former managing director competing against it and from revealing confidential information. Mark Aspin Director and Head of Dispute Resolution reports. The case involved Gemini Europe Ltd and Sawyer (2020). Gemini was part of a group of companies dealing in cryptocurrencies. In November 2019, it had engaged Mr Sawyer as its managing director. The contract included a non-compete clause preventing…

Employee copied confidential company files after resigning

November 25th 2020
 

A company has been granted a court order preventing a former employee from disclosing or using its confidential information, Mark Aspin Director & Head of Dispute Resolution reports. The company, Rentrack Ltd, collected ticket sales data for cinemas. One of its employees, Mr Green, was approached by a competitor and offered a job in June 2020. Before resigning, he bought a pay-as-you-go SIM card for a mobile phone and requested…

Temporary protections against business insolvency extended

October 1st 2020
 

The government is extending the temporary measures it introduced to protect businesses from insolvency during the COVID-19 pandemic. Mark Aspin Director & Head of Dispute Resolution provides an update. The measures are contained in the Corporate Insolvency and Governance Act and were due to expire on 30th September 2020. They will now continue until the end of the year and in some cases, into next year. They include: companies and…

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