Recent Developments

When is Someone a De Facto or Shadow Director?

In the case if Smithton Limited v Naggar and Others [2014] EWCA Civ 939 the Court of Appeal was asked to consider a claim against the respondent, Mr Naggar based on an assertion that he was a de facto or shadow director. Background Mr Naggar was a...

Injunction to Inspect Employees Home Computer

In the recent case of Warm Zones v Sophie Thurley [2014] EWHC 988 (QB) the High Court was prepared to grant an injunction requiring the defendant employees to allow their home computers to be inspected by an independent computer expert to see if they had...

Both Sides Lose 'Battle of the Forms'

Many companies spend a lot of money getting their own terms and conditions of business (both for sale and purchase) drafted, but take inadequate steps to make sure that these terms become incorporated into their contracts when dealing with other...

Implied Terms of Honesty and Integrity

In a recent article we commented on the case of Bristol Ground School Limited v Intelligent Data Capture Limited and Others [2014] EWHC 2145 in which the judge applied principles set out in the case of Yam Seng Pte Limited v International Trade...

Cognitive Biases for Mediators and Negotiators

For those working the field of mediation and negotiation, cognitive biases are to be reflected upon regularly and dismissed at our peril. In the following slides I explore the relevance of some of these biases. The intention of these slides is not to be an...

What can negotiators learn from the mediation process?

Good negotiators can learn a number of lessons from the dynamic of the mediation process. How does mediation help? A conflict is often identified as being ready for mediation when the parties themselves are no longer able to find constructive ways...

When is an Unpaid Shareholder/Director also an Employee and a Worker?

In the recent case of Stack v Ajar-Tech the Court of Appeal upheld the decision of an employment tribunal on the facts of this particular case that a shareholder and director who had neither asked for, nor received, any remuneration for the work that he...

The Impact of an Increase in Court Fees

There has been much publicity in the press about the increase in the court fees which came into effect on Monday 9 March. What impact is that likely to have on someone involved in a dispute? What are the Increases? In some cases the court fees have...

Enforcing Garden Leave

In the recent case of Sunrise Brokers LLP v Michael William Rodgers [2014] EWHC 2633 (QB) the High Court granted a declaration to the claimant employer that the defendant remained in its employment, and therefore subject to restrictive covenants, for the...

Recoverability of Costs in Litigation

The Supreme Court in the case of Coventry v Lawrence (No 2) [2014] UKSC 46 has set the cat amongst the pigeons in relation to the recoverability of legal costs. The case involved a claim for nuisance by the appellants Katherine Lawrence and Raymond...
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