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Toni Lorenzo, Michael Anderson and David Samuels write for People Management: Mitigating the impact of an unlawful team move
Press30 May 2019
Can you prevent former employees from competing even in the absence of enforceable restrictive covenants? Toni Lorenzo, Michael Anderson and David Samuels report for People Management in light of a recent Court of Appeal ruling.
Adam Glass comments for The Guardian: Landmarks in law: Sally Bercow and the first major 'Twibel' case
Press29 May 2019
Adam Glass has commented in an article for The Guardian which discusses how defamation cases used to focus primarily on broadcasters and newspapers – until social media changed everything.
Employee ordered to pay over £500,000 in legal costs in a dispute involving breach of restrictive covenants and data privacy24 May 2019
Following a trial in the High Court where an employer was successfully awarded final injunctions to prohibit a former employee from breaching post-termination restrictions (“PTRs”), the losing employee was ordered to pay 90% of his former employer’s legal bill.
Inbrief21 May 2019
It is now very rare to come across a business without any online presence. As a result, domain names have become a crucial aspect of intellectual property and one which requires careful management. Unauthorised third party registrations are now much more prevalent with fraudulent activity such as phishing and cyber squatting.
Court of Appeal sets high bar for parties defending fraudulent misrepresentation claims and dismisses attempt to broaden transferred loss principle21 May 2019
The Court of Appeal has confirmed the presumption of inducement in cases of fraudulent misrepresentation will be “very difficult” to rebut and rejected a Claimant’s attempt to recover the loss of its subcontracting sister company via the “transferred loss” principle.
07 May 2019
The Iranian bank, Bank Mellat, has lost its Court of Appeal bid to withhold customer documents from inspection in the English Courts despite the risk that this may expose the bank to prosecution in Iran.
03 May 2019
On 2 May 2019, Mark Lim, Sohrab Daneshku and Nigel Enticknap from our commercial dispute resolution practice group hosted a seminar discussing provisions that commonly feature in commercial contracts. Whilst important, these terms may enjoy limited attention during negotiations. We covered recent case law, offered tips on how to interpret key clauses and discussed how to avoid common pitfalls. Below is a summary of some of the key points.
24 April 2019
Welcome to our April 2019 Dispute Resolution Update which brings you news and our views on law and practice for dispute resolution. We’ve included articles on domestic disputes and international disputes, including summaries of recent cases. We have also included client guides on key aspects of dispute resolution.
12 April 2019
Everyone has the right to hold opinions and impart information and ideas including by peaceful assembly and association with others. These are ‘human rights’ which we all enjoy and which protect the right to protest and which may not be interfered with by a public authority. However, whilst the right to protest is enshrined in law, any protest must be lawful and balanced with the rights of others, including those at whom the protest is directed.
Harry Potter, Fracking, eco-warriors and ‘mob rule’ or freedom of expression – the Court of Appeal decides in the Ineos injunction case04 April 2019
Where is the dividing line between mob rule and lawful freedom of expression? This is one of the leading questions of the day. Should students be permitted to invite politicians with extreme views onto campus? Should a celebrated Oxford law professor be sacked for alleged homophobia? What about Brexit? Should protestors be arrested for confronting our MPs and expressing their views? And companies carrying out their lawful business – should they be allowed to do so without interference from protestors?
Press18 March 2019
Professional services firms, requests for documents and Section 2 notices under Criminal Justice Act 1987 could pose a risk for accountants and auditors as illustrated in the recent Omers case at the High Court, explains Andrew Wanambwa, in an article for Accountancy Age.
15 March 2019
Lewis Silkin has been successful in the Court of Appeal in resisting a challenge to the appropriateness of a springboard injunction secured in the High Court late last year. The injunction relates to ongoing legal proceedings concerning a team move and prevents a number of our client Secarma’s former employees and their new employers from competing and otherwise acting unlawfully.
21 February 2019
The Supreme Court has upheld the appeal of a firm of solicitors defending a professional negligence claim and helpfully reiterated well-established principles about the approach the court must take when considering the issue of causation in loss of chance cases. The decision clarifies what has to be proved in cases where the question for the court depends on what: (a) the claimant would have done (which the claimant must prove to the usual standard ‘on the balance of probabilities’); compared with (b) what others would have done (which are better assessed on a loss of chance basis).
Going out on a limb - English courts and overseas defendants: jurisdiction challenges and the “three limb” test06 February 2019
When a dispute involves a foreign party or events that took place in another jurisdiction, questions often arise as to where the dispute should be determined. The forum in which the dispute is determined can make a great deal of difference. It is therefore important for potential litigants to know where they can commence proceedings and whether they can resist claims brought against them in the “wrong” jurisdiction. In a recent case the English Court of Appeal considered the test that will apply when deciding whether to permit a claimant to sue a “foreign” defendant in this jurisdiction. This article was originally published in the Commercial Litigation Journal in the March/April edition.
25 January 2019
With sports disputes being on the increase, it is becoming more important for parties to consider using alternative means to resolve disputes instead of the more traditional route of proceeding to arbitration or court proceedings. Mediation is commonly used to resolve commercial disputes but with sports disputes, it is not used as often despite its many benefits.
16 January 2019
Welcome to our January 2019 Dispute Resolution Update which brings you news and our views on law and practice for dispute resolution. We’ve included articles on domestic disputes and international disputes, including summaries of recent cases. We have also included client guides on key aspects of dispute resolution.
Court of Appeal finds no litigation privilege in internal emails discussing commercial settlement of dispute09 January 2019
The Court of Appeal has allowed an appeal by West Ham football club in its application to inspect certain emails sent internally amongst board members of E20 Stadium LLP (“E20”) and between E20’s board members and stakeholders, in respect of which E20 asserted litigation privilege. The emails were created with the dominant purpose of discussing the commercial settlement of E20’s dispute with West Ham over the club’s rights to use the London Olympic Stadium when litigation was in contemplation. The Court held that litigation privilege does not extend to documents concerned with the settlement or avoidance of litigation where the documents neither: (a) seek advice or information for the purpose of conducting litigation; nor (b) reveal the nature of such advice or information.
07 January 2019
Did last year’s landmark Court of Appeal decision in Serious Fraud Office (“SFO”) v Eurasian Natural Resources Corporation Limited (“ENRC”) alter the application of the ‘dominant purpose’ test for litigation privilege where a document is brought into existence for multiple purposes, one of which is for use in litigation? The answer is ‘no’, according to a recent decision by the High Court. The Court confirmed the well-established principle that, for a claim to litigation privilege to succeed where a document is created for more than one purpose, litigation must be shown to be the dominant purpose on the facts.
19 December 2018
Back in 2016, the Civil Justice Council (“CJC”) set up an alternative dispute resolution (“ADR”) working group to review the ways in which ADR currently is encouraged and positioned within the civil justice system in England and Wales. The terms of reference included the review of existing forms of encouragement for mediation (and other forms of ADR) in civil cases in the Civil Procedure Rules, case law and the powers of the court, to consider alternative forms of encouragement and assess proposals for reform. The Working Group has now published its final report.
Disclosure Pilot Scheme already making an impact as High Court orders list of “issues for disclosure”12 December 2018
The mandatory Disclosure Pilot Scheme may not start in the Business and Property Courts of England and Wales (“BPCs”) until 1 January 2019, but it seems the courts are already taking the new rules into account. In one reported case, the High Court has ordered a separate “list of issues for disclosure”, which will have to be jointly completed by the parties as part of the new Disclosure Review Document required under the Pilot Scheme.