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. ...
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....
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. ...
Dispute Resolution Partner Stephen James provided Dan Matthews at Raconteur with an expert opinion on how companies can prepare their employees for the unexpected....
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....
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....
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 ...
Clarkslegal Dispute Resolution partner Stephen James looks into the recent ICAP vs BGC restrictive covenants case...
Most professionals will have found themselves, at some stage in their career, giving free advice to a friend as a favour....
Christopher Tayton, Partner at Clarkslegal talks Brexit, explains how the signing of Article 50 will affect UK Law and the White Paper proposals...
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....
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....
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. ...
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. ...
The High Court has approved a deferred prosecution agreement (DPA) between Rolls Royce (RR) and the Serious Fraud Office (SFO) in relation to widespread allegations of bribery and corruption over a 24 year period....
A recent decision of the ECJ has potentially concerning consequences for any public authority which finds itself in dispute with its supplier under a public contract....
Companies have limited liability. Does this mean that their directors can never be liable for the acts of the companies? This was the question before the Court in Victoria Plum Limited -v- Victoria Plumbing Limited & Others. ...
The Court is frequently asked to determine whether an estate agent is entitled to commission. Most commonly, such cases involve a dispute over who ...
Restrictive covenants are commonplace in both business sale agreements and employment contracts. Claims based on such covenants invariably turn on whether ...
Many documents produced in commercial dealings are marked "without prejudice", often appropriately but sometimes not. When used correctly, these words mean that the document cannot be used in legal proceedings against the party who produced the document, nor indeed can that party use the document themselves....