Seller of land should have pointed out defect in title
June 13th 2022A woman who bought land at auction has successfully appealed a High Court ruling that she must make up a seller’s shortfall after she refused to complete the purchase. Mark Aspin Director and Head of Dispute Resolution reports on this recent case. The issue arose after the buyer, Ms Mahil, had purchased the land from SPS Groundworks & Building Ltd. The catalogue had described the land as having “excellent scope for development”.…
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…
Covid testing company granted injunction against employee
October 18th 2021A company that provides Covid testing equipment has been granted an injunction to prevent a former employee from working for a rival business for a period specified in a restrictive covenant. Mark Aspin Head of Dispute Resolution reports on this recent case. The case involved Source Bioscience UK Ltd, part of a group of companies that provide laboratory services to clients in the pharmaceutical industry, the NHS and private healthcare providers. The…
Director didn’t breach duty over employee bonus in company transfer
September 2nd 2021A 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 2021A 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 2021A 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 2021A 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 2021The 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 2021Mark 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 2021Businesses 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…
