Dispute resolution

High Court orders petitioner's purchase of 50% shareholding in company in unfair prejudice petition

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In the trial of an unfair prejudice petition, the High Court has found that the actions of the first respondent represented the clearest possible breach of directors' fiduciary and statutory duties, and ordered that the petitioner purchase the first respondent's shares. More …

How to protect against misuse of commercially-sensitive information

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Protecting trade secrets and confidential information is crucial and what steps can employers take to prevent staff from misusing commercially-sensitive information? More …

The "after party" – could employers be liable for what goes on?

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With employers planning Christmas parties, or indeed any kind of "works do", we look at a case where the employer was held vicariously liable for an employee's actions when those at the office party moved on to another venue where a fight broke out. More …

Non-compete clause unenforceable as it included a restriction on holding a minor shareholding in a competing business

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Restrictive covenants are a useful tool for employers to protect their competitive edge and to reduce the risk of 'star employees' leaving to join competitors.However, failure to draft restrictive covenants carefully can leave both employer and employee in limbo. More …

Access to Court documents by an Interested Non-Party

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A High Court master has recently given extensive guidance in the case of Dring v Cape Distribution Ltd and others [2017] on the right of an interested non-party to access court documents. More …

Breach of jurisdiction clause – High Court protects company and affiliate by way of anti-suit injunction

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A High Court decision highlights how Courts may construe parties' intentions when interpreting jurisdiction clauses in contracts, as well as the protection that can be afforded by way of anti-suit injunctions.Ben Clark explains the impact this will have. More …

Court rules are (not) made to be broken

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The Andrew Mitchell "plebgate" defamation case in 2013 was well known for the political furore. Within legal circles, the case was a stark example of the court losing patience with people, and their lawyers, ignoring the rules. More …

The discount rate and professional negligence claims

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When assessing damages in personal injury and clinical negligence claims future losses need to be taken into consideration. Our article explains how the discount rate works when making a claim. More …

Commercial agents and software – goods rather than services?

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Since the introduction of the Regulations, there has been considerable uncertainty as to whether transactions involving computer software can be categorised as "sale of goods" for the purposes of the Regulations. The position has now been clarified - read our article to find out if software comes under gods or services. More …

An unwelcome relief? Opportunities to challenge forfeiture are broadened (again)

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It is with some hesitation (and permission to appeal) that the court has granted relief from forfeiture of a licence for the discharge of surface water. More …