Partner entitled to share partnership assets despite her resignation
June 5th 2024A woman who resigned from her family’s business partnership is still entitled to a share in the partnership assets, the Court of Appeal has ruled. Mark Aspin Director and Head of Dispute Resolution reports on this recent case. The case of Procter v Procter involved a 600-acre farm. The partnership consisted of two brothers, their sister, and their father. Each partner was entitled to one quarter of the profits. The partnership agreement had…
Legal dispute specialists shortlisted in prestigious regional awards
May 28th 2024The Dispute Resolution team at a Cumbrian legal firm has been named as a finalist in the Northern Law Awards. The team from Cartmell Shepherd Solicitors has been shortlisted in the Litigation and Dispute Resolution category of the prestigious regional awards. It is the only entry with its head office in Cumbria to make the final. The specialist legal team supports clients across Cartmell Shepherd’s offices in Cumbria and Northumberland,…
Couples in company law dispute over development project
March 18th 2024Informal business arrangements often lead to legal disputes when disagreements arise, as in a recent case before the Court of Appeal. Mark Aspin Director and Head of Dispute Resolution reports on this recent case. It involved two couples who set up a property development company. One couple held a 51% stake (the Majority) and the other couple owned 49% (the Minority). All four served as directors. The company acquired a piece of land…
Businesses urged to comply with Alternative Dispute Resolution law
February 27th 2024The Government has urged businesses to ensure they comply with Alternative Dispute Resolution (ADR) regulations. Mark Aspin Director and Head of Dispute Resolution provides an update. ADR is a process for resolving disputes between consumers and traders that doesn’t involve going to court. This is done by means of putting the consumer and the trader in contact with a neutral third party, with the aim of assisting a speedy, mutual agreement. The Alternative…
Company fails to stop former employees setting up rival business
September 14th 2023A waste management company has failed to get a court injunction preventing former employees from allegedly copying its business model and setting up as a rival. Mark Aspin Director and Head of Dispute Resolution reports on this recent case. The case involved Waste Managed Ltd. It made allegations of unlawful means conspiracy, misuse of confidential information, breach of contract and breach of fiduciary duty against former employees who had set up a rival…
Court of Appeal upholds restrictive covenant relating to employee
May 10th 2023The Court of Appeal has upheld a restrictive covenant preventing a former employee from working for a rival until 12 months after the end of his contract. Mark Aspin Director and Head of Dispute Resolution reports on this recent case. The case involved NZP Ltd, which developed and produced bile acid derivatives for sale to pharmaceutical companies for use in their products. One of its senior employees, Mr Boydell, was responsible for the…
Landlord’s notice to quit ruled invalid over identity issue
February 3rd 2023A landlord’s notice to quit has been ruled invalid because, although it was delivered to the correct address, it incorrectly identified an individual as the tenant instead of his company. Mark Aspin Director and Head of Dispute Resolution reports on this recent case. The case involved Thomas and Turner. Mr Thomas had been granted a tenancy of an agricultural holding. He then assigned it to his company, OG Thomas Amaethyddiaeth CYF, without informing…
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…
