Category: Civil Litigation

employer employee restrictive covenant employment dispute breach of contract litigation tribunal high court

Non-compete in employment contract held to be unreasonable and void

The coronavirus pandemic has led to many individuals losing their jobs due to redundancies and employees may wonder where they stand in relation to any restrictive covenants in their contracts. The case of Quilter Private Client Advisers v Falconer discusses the factors to be taken into account when seeking to enforce a restrictive covenant, which in this case was a 9 month non compete, which was found to be void and unenforceable.

commercial court high court summary judgment cpr 24 business interruption insurance policy litigation london

London Creperie’s arguments tossed aside as summary judgment awarded in business interruption insurance claim

In TKC London Ltd v Allianz Insurance plc [2020] EWHC 2710, the Commercial Court considered a company and its insurer’s arguments on policy wording relating to business interruption following losses arising from COVID-19 closures, awarding summary judgment in favour of the insurer.

business interruption insurance claim solicitors

Business Interruption Insurance: FCA guidance on how policyholders can prove the presence of COVID-19

The FCA’s draft guidance on how to prove the presence of coronavirus (COVID-19) in a particular area around premises based on the High Court’s judgement and declarations is essential for policyholders in claims against insurers.

Unexplained wealth order

High Court issues costs penalty for failure to resolve issues with ADR

This latest High Court case again demonstrates the pitfalls for litigants who unreasonably refuse to engage in Alternative Dispute Resolution such as mediation to resolve issues. Parties that fail to do so risk be punished by the court when it comes to costs.

business interruption insurance claim solicitors

FCA’s Business Interruption Insurance Appeal to be heard at Supreme Court

A “leapfrog” appeal to the Supreme Court may be the quickest route to get legal clarity for all parties. It is is essential that you seek expert legal advice early in order to prepare your Business Interruption Insurance claim.

CPR Part 36 Part 18 Litigation UK Solicitors

High Court holds Ed Sheeran’s lawyers gave inadequate responses to Part 18 requests in copyright infringement case

The High Court has held that singer Ed Sheeran, ignored CPR Part 18 Requests for Information from Defendants in a copyright infringement case. The Court takes breaches of its rules seriously.

london solicitor high court litigation second opinion

German company commences High Court litigation over unpaid Letter of Credit

A Letter of Credit is an irrevocable written commitment by a Bank to make payment to a seller, in connection with the export of specific goods, against the presentation of specified documents identified in the Letter of Credit and relating to those goods. If you have a dispute about a documentary credit our expert UK lawyers can assist.

confidentiality litigation advice privilege

High Court: Accountant’s report can be disclosed in litigation

For privilege to apply, there must be a lawyer (i.e. a solicitor or barrister) in the communication for legal advice privilege to apply. Legal advice privilege does NOT extend to other professionals such as accountants. Therefore, in disputes with HMRC for example, (potentially incriminating) communications with an accountant can be disclosed and are not privileged.

litigation court justice london lawyers

Contempt of Court: Updated Part 81 of the Civil Procedure Rules

The third amendment to the Civil Procedure Rules 2020 will come into effect from 1 October 2020. Following a public consultation, extensive revisions were undertaken to condense the previous rules and to set out a uniform procedure. The new Part 81 reduces the number of rules from 38 to 10. Our specialist litigation lawyers can advise you in relation to any contempt of Court applications you may wish to issue or defend.

perry raleys solicitors london litigation lawyers lexlaw

FCA’s Business Interruption Insurance test case heading to the Supreme Court

Given the complexity of business interruption claims and the legal uncertainty surrounding their enforcement, it is is essential that you seek expert legal advice early in order to prepare your Business Interruption Insurance claim.