Clarkslegal LLP - Solicitors in Reading and London

Dispute Resolution - Legal Updates

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Oct
06
2017

Business and Property Courts open for business
#Dispute Resolution

The Business and Property Courts (B&PC) opened on 2 October 2017. The B&PC is an umbrella for several specialist business courts and encompasses the Commercial Court, the Technology & Construction Court and what was previously the Chancery Division, covering intellectual property, insolvency and financial services disputes. ...

Sep
08
2017

Victim of fraud? How to identify the perpetrator
#Dispute Resolution

Every day companies and individuals lose money to fraudsters, who hack into email accounts and alter emails sent from companies to their customers, or send sophisticated phishing emails from fake domain names designed to dupe customers into believing they are from a trusted supplier. ...

Aug
11
2017

Pre-winding up settlement with director set aside
#Restructuring & Insolvency #Dispute Resolution #Directors Duties

For a short time, Officeserve Technologies Limited (OTL) made a big impact in the ‘lunch at work’ market. Its director and majority shareholder, CAM, oversaw a rapid expansion to an estimated value of £40 million. However, OTL was unable to pay the instalments due on two businesses it had acquired and in October 2016 was served with a winding-up petition. ...

Aug
03
2017

Non-compete clause struck down due to prohibition on shareholding
#Dispute Resolution #employment

Mary Tillman (MT) was a star employee of Egon Zehnder (EZ), a headhunter. Her contract contained non-solicitation, non-dealing and non-compete clauses. She resigned from EZ and wanted to join a competitor before her non-compete expired. ...

Aug
02
2017

The pitfalls of a sole director company
#Directors' Duties #Corporate #Dispute Resolution

Many small companies will have a sole director and shareholder, with no company secretary....

Jul
18
2017

Diamonds are not a Commercial Agent’s best friend
#Dispute Resolution

The Commercial Agents (Council Directive) Regulations 1993 provide important rights for commercial agents who sell or negotiate the sale or purchase of goods on behalf of others, including the right to receive compensation or an indemnity on termination of the agency relationship. ...

Jul
10
2017

Revised Procedure for Debt Claims against Individuals – a Recipe for Delay?
#Dispute Resolution

In April the Ministry of Justice released a new Pre-Action Protocol for Debt Claims which revises the procedure claimants have to follow before suing an individual for an unpaid debt....

Jun
28
2017

Costs budgeting – welcome clarity from the Court of Appeal
#Dispute Resolution

Costs budgeting is now a central part of civil litigation. The Court, lawyers and litigants are getting more comfortable with the process and it leads to much greater transparency and certainty. ...

May
30
2017

Partner Stephen James features in Raconteur article on risk management for employees
#Dispute Resolution #Crisis Management #Press

Dispute Resolution Partner Stephen James provided Dan Matthews at Raconteur with an expert opinion on how companies can prepare their employees for the unexpected....

May
22
2017

Clarkslegal Appointed by London Universities Purchasing Consortium
#Dispute Resolution #Commercial

Clarkslegal is delighted to have been appointed to the panels for both Dispute Resolution and Commercial work by the London Universities Purchasing Consortium following a rigorous and competitive tender process carried out by the Consortium on behalf of its many member organisations as well as the North Eastern Universities, the Southern Universities, the North Western and the Higher Education Wales purchasing consortia....

May
11
2017

10 Tips for Challenging the Result of a Public Tender
#Public Procurement #Dispute Resolution

Following our recent webinar, we have produced some “Top Tips” which we hope that any business which finds itself needing to challenge a procurement award will find useful....

Apr
27
2017

Springboard Injunction Granted for Beer Pong Claim
#Dispute Resolution

Misuse of confidential information can be restrained by an injunction. Where the breach has already occurred, the Court can grant a ‘springboard injunction’ to prevent the unfair ...

Apr
21
2017

Specific Disclosure Ordered Against Claimant in Restrictive Covenant Claim
#Dispute Resolution #Employment

Clarkslegal Dispute Resolution partner Stephen James looks into the recent ICAP vs BGC restrictive covenants case...

Apr
10
2017

When Giving Free Advice to Friends Goes Wrong
#Dispute Resolution

Most professionals will have found themselves, at some stage in their career, giving free advice to a friend as a favour....

Mar
30
2017

Leaving the EU – How It Is Going to Work
#Dispute Resolution #UK Immigration #Dispute Resolution

Christopher Tayton, Partner at Clarkslegal talks Brexit, explains how the signing of Article 50 will affect UK Law and the White Paper proposals...

Mar
20
2017

Property Guardians – Are They Assured Shorthold Tenants?
#Dispute Resolution #Real Estate

Property guardianship schemes have become a popular way for landlords to protect their empty properties from squatters and vandalism. For the property guardians, the schemes typically offer plentiful living space at low cost in otherwise expensive cities....

Mar
13
2017

No Jackpot For Breach Of Confidentiality
#Dispute Resolution #Employment #Dispute Resolution

Team moves often include claims for misuse of confidential information. A recent example is Marathon Asset Management (MAM) -v- Seddon and Bridgeman. Before leaving MAM’s employment Mr Bridgeman electronically copied 40,000 documents, including a mixture of confidential and non-confidential information. As an employee, he was subject to implied contractual duties of fidelity, good faith and confidentiality....

Mar
02
2017

When can foreign claims be brought in England?
#Dispute Resolution #Corporate #Employment #Outsourcing & Supply Chain

The English High Court is a popular venue for the resolution of international disputes. From a claimant’s perspective, it allows the possibility of various funding models and the ability to recover costs from the losing party. ...

Feb
27
2017

Do We Have a Contract? The Pitfalls of Inconsistent Communication Examined in the Court of Appeal
#Dispute Resolution #Commercial

The question of when a binding contract is formed has been re-examined in the recent case of Global Asset Capital v Aabar Block, where Global tried to enforce an oral deal surrounded by written communications which did not make the terms of the agreement clear. ...

Feb
22
2017

Will the courts enforce non compete covenants
#Dispute Resolution #Employment

COURTS SUPPORT ENFORCEMENT OF NON-COMPETE COVENANT AGAINST DEPARTING EMPLOYEE...

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