New Judgment: Peninsula Securities Ltd v Dunnes Stores (Bangor) Ltd (Northern Ireland) [2020] UKSC 36 – UKSC Blog

‘The appeal related to a restrictive covenant given by the developer of a shopping centre in a lease that it granted to a retailer over part of the centre. In giving the covenant the developer and later Peninsula each undertook not to allow any substantial shop to be built on the rest of the centre in competition with the Dunnes. Peninsula then argued that the covenant engaged the doctrine of restraint of trade; that it was unreasonable; and that it was therefore unenforceable. The appeal to the Supreme Court concerned whether the covenant engages the doctrine.’

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UKSC Blog, 19th August 2020

Source: ukscblog.com

BOA issue ‘full and robust response’ to athletes over sponsorship rights legal challenge – The Independent

Posted December 11th, 2019 in advertising, news, restraint of trade, sport by tracey

‘The British Olympic Association [BOA] says it has “formally responded” to a legal challenge over sponsorship rights brought by a group of its own athletes that could cast a shadow over its preparations for next year’s Tokyo Games.’

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The Independent, 11th December 2019

Source: www.independent.co.uk

High Court: solicitors had duty to advise on commercial element of deal – Legal Futures

Posted July 13th, 2015 in causation, competition, covenants, negligence, news, restraint of trade, solicitors by tracey

‘The High Court has dismissed a claim against a firm of solicitors, despite finding it negligent in failing to raise the absence of a covenant in restraint of competition during the purchase of a commercial property.’

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Legal Futures, 13th July 2015

Source: www.legalfutures.co.uk

Restraint of Trade/Recent Authorities – 11 KBW

Posted June 8th, 2012 in employment, news, restraint of trade by sally

“As usual, the current crop of recent decisions in this area contain a real mix of the orthodox and the heterodox approach to the doctrine of restraint of trade, frequently within the same case. A good illustration of this is the case of Caterpillar Logistics Services (UK) Ltd v Paula Huesca De Crean [2012] EWCA Civ 156 which will be extensively covered in the talk to be delivered by Simon Forshaw on Confidential Information. I confine myself to observing that the ‘barring out’ injunction sought on the
basis of supposed fiduciary obligations was a restraint on working on a particular contract for a customer and not for a competitor.”

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11 KBW, 1st June 2012

Source: www.11kbw.com

Judge kicks out £4.3m case against Rooney – The Independent

Posted July 15th, 2010 in contracts, costs, news, restraint of trade, sport by sally

“Wayne Rooney today defeated attempts to sue him for £4.3 million. The Manchester United and England striker was accused of withholding commission on multi-million pound deals brokered by sports management firm Proactive, who used to represent him.”

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The Independent, 15th July 2010

Source: www.independent.co.uk

Chambers fails to have Olympic ban overturned – The Guardian

Posted July 18th, 2008 in drug abuse, news, restraint of trade, sport by sally

“Sprinter unsuccessful in bid to compete in Beijing Games.”

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The Guardian, 18th July 2008

Source: www.guardian.co.uk

Beckett Investment Management Group Ltd v Hall – Times Law Reports

Posted July 11th, 2007 in law reports, restraint of trade by sally

Court takes realist view of corporate personality

Beckett Investment Management Group Ltd v Hall

Court of Appeal

“In construing a covenant in restraint of trade between a holding company and its employees, who provided services through subsidiary companies within a corporate group, the Court of Appeal rejected a purist approach to corporate personality in favour of one which had regard to the realities of big business, taking the group as being one concern under one supreme control.”

The Times, 11th July 2007

Source: www.timesonline.co.uk

 Please note the Times Law Reports are only available free on Times Online for 21 days from the date of publication

Beckett Investment Management Group Ltd. and others v. Hall and others – WLR Daily

Posted July 3rd, 2007 in law reports, restraint of trade by sally

Beckett Investment Management Group Ltd. and others v. Hall and others [2007] EWCA Civ 613

“In construing a covenant in restraint of trade between a holding company and its employees who provided services through subsidiary companies within a corporate group, the Court of Appeal rejected a ‘purist’ approach to corporate personality in favour of one which had regard to the realities of big business.”

WLR Daily, 28th June 2007

Source: www.lawreports.co.uk

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.