Mark Aspin

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…

Court settles couple’s dispute over value of company shares

September 8th 2020
 

The High Court has settled a dispute between a couple who were separating and needed to value the shares in their company. By Mark Aspin Director & Head of Dispute Resolution The case involved Solent Garage Services Ltd and its two directors, Claire Lewis and Philip Clarke. The couple had established the garage while living together and bringing up their three children. They were equal shareholders. Their relationship broke down…

When “in jeopardy” ruling rescued hospitality business hit by COVID-19

August 13th 2020
 

LAWYERS have won a landmark ruling in an insolvency case of a hospitality business hit by the COVID-19 pandemic which brings new legal meaning to “in jeopardy”. The case, won by the Dispute Resolution team at leading legal firm Cartmell Shepherd Solicitors, involved a West Cumbrian business which took two leases – one for a hotel and another for a  restaurant. To raise part of the capital the business accepted…

New insolvency law prevents petition against High Street retailer

July 21st 2020
 

A landlord has been prevented from presenting a winding-up petition against a High Street retailer which had been unable to pay its rent as a result of the Coronavirus pandemic. By Mark Aspin Director & Head of Dispute Resolution The High Court ruled that such a petition would be likely to contravene the new Corporate Insolvency and Governance Act 2020. Neither company was named in the hearing. The court heard…

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