City and International Commercial Litigation

When does inconsistent conduct amount to a variation of contract? Merit Holdings Limited v Michael J Lonsdale Limited [2017]

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An issue which often arises in a commercial setting is where two companies agree a contract for goods or services but do not put the terms in writing, instead relying on verbal agreement or letters of intent. More …

Sculpting a problem?

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Successful visual artists often operate through limited companies. This can have tax advantages. One such example was the leading British sculptor Lynn Chadwick, who died in 2003. From July 1973 he changed his status from a sole trader to becoming a director and employee of a company he and his wife owned and transferred his stock and trading business to the company at that time. More …

Secret injunction - Dyson Technology Ltd v Pellerey

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The ever-growing importance of precise use and drafting of terms to protect confidential information, and how this can assist in circumstances where an employee is moving to a competing business, has been emphasised in a Court of Appeal case, Dyson Technology Ltd v Pellerey [2016] EWCA Civ 87. More …

Costs following an injunction

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Costs in Injunction Applications - Are Claimants entitled to significant costs if they secure only modest damages? This issue was explored in the recent High Court case of Marcura Equities FZE & Anor v Nisomar Ventures Ltd & Anor [2018] EWHC 523 (QB). More …

Breach of Confidence Good Faith and the Database Right

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Health and Case Management Ltd v Physiotherapy Network Ltd [2018] provides some much needed clarity and guidance on the law on breach of confidence, the meaning of contractual obligations to act in ‘good faith’, and the practical application of the EU Database Rights. More …