Firm gets injunction against former MD to protect its business
December 14th 2020A 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 2020A company has been granted a court order preventing a former employee from disclosing or using its confidential information after they copied files, 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. You’re leaving your job, can you copy files? Before resigning,…
Temporary protections against business insolvency extended
October 1st 2020The 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 2020The 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 2020LAWYERS 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 2020A 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…
Finance broker enforces employee’s non-compete clause
June 15th 2020By Mark Aspin Director and Head of Dispute Resolution A finance company has successfully enforced a non-compete clause preventing an employee joining a rival firm for six months. The High Court heard that Julien Leonard had been recruited by Square Global Ltd as a broker in 2015. He resigned on 11 November 2019. At that time, he had been in discussions for over seven months with a rival financial-services business…
How have you adapted to working from home during lockdown?
June 3rd 2020Mark Aspin Director and Head of Dispute Resolution talks about how he has adapted during lockdown. Where are you working from now? At home. I had a desk set up upstairs at my house anyway so have mainly been using this, but whilst we have had better weather have set up an alternative desk downstairs so I can open the patio doors and see which birds are sat on the…
Business Interruption Insurance: Are you covered?
May 13th 2020Mark Aspin Director and Head of Dispute Resolution provides useful information on business interruption insurance. As some areas of commerce – at least tentatively – look to restarting operations over the coming weeks, those businesses which have been totally closed over the past weeks will be looking forward to seeing an income stream restarting. Whilst income has been reduced (or stopped) and places of work closed, many businesses have been…
Landlord and Tenant repossessions and trespassers during COVID-19
April 27th 2020Mark Aspin Director and Head of Dispute Resolution provides an update As we have previously reported, as a result of the Coronavirus Act and changes to the court rules, tenants in both commercial and residential properties have been given extra protection to avoid eviction during government restrictions and the coronavirus pandemic. The courts have now, however, modified the general stay on possession proceedings that was granted recently and added the…
