The Importance of Pre-Action Decisions in Employee Competition Litigation – Littleton Chambers

‘Employee competition litigation typically starts with the discovery of some perceived threat to a business: perhaps the theft or removal of confidential documentation or information; the co-ordinated departure of key employees; or evidence of breaches of post termination covenants. Decisions have to be taken, often under time pressure, about how best to respond to that threat: is a without notice application justified? Is pre-action correspondence appropriate, and if so in what terms? What if any undertakings should be sought? These critical early decisions can have a significant impact on the future conduct of any litigation, including issues of costs and interim relief.’

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Littleton Chambers, 21st November 2019

Source: www.littletonchambers.com

Non-compete Covenants and the Balance of Convenience: Affinity Workforce Solutions Ltd v McCann – Blackstone Chambers

Posted November 20th, 2019 in competition, covenants, injunctions, news, restrictive covenants, undertakings by sally

‘The High Court recently refused to grant an interim injunction in support of an alleged non-compete covenant, in particular because of the initial approach taken by the employer upon finding out the employees were working for a competitor.’

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Blackstone Chambers, 18th November 2019

Source: www.employeecompetition.com

Solicitor tried to take unfair advantage of other lawyer’s error – Legal Futures

‘A solicitor discarded an undertaking he had given and tried to take advantage of a mistake made by the law firm on the other side of a conveyancing transaction, it has emerged.’

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Legal Futures, 15th November 2019

Source: www.legalfutures.co.uk

Solicitor jailed for 14 months for contempt – Legal Futures

Posted August 20th, 2019 in client accounts, contempt of court, news, sentencing, solicitors, undertakings by sally

‘A solicitor has been jailed for 14 months after being found guilty on four counts of contempt of court for breaching undertakings given to the court about missing client money.’

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Legal Futures, 20th August 2019

Source: www.legalfutures.co.uk

High Court judge allows girl at risk of FGM to be taken on Egypt trip subject to safeguards – Local Government Lawyer

‘A girl at potential risk of female genial mutilation (FGM) may be taken on a trip to Egypt to visit her father but only in strictly controlled circumstances, a High Court judge has ruled.’

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Local Government Lawyer, 8th August 2019

Source: www.localgovernmentlawyer.co.uk

Koza Ltd & Anor v Akcil & Ors [2019] EWCA Civ 891 – Hardwicke Chambers

Posted July 3rd, 2019 in company directors, expenses, freezing injunctions, news, undertakings by sally

‘The first Appellant/Claimant (‘Koza Ltd’) was a company incorporated in England and Wales, of which the Second Appellant/Claimant, ‘Mr Ipek’ was sole director. Koza Ltd was incorporated in March 2014 and capitalised with £60 million provided by the Respondent/Defendant (“Koza Altin”), its parent and 100% owner, to undertake mining operations outside Turkey.’

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Hardwicke Chambers, 27th June 2019

Source: hardwicke.co.uk

Family: Undertakings and variations – Law Society’s Gazette

Posted October 2nd, 2017 in covenants, jurisdiction, mortgages, news, Supreme Court, undertakings by sally

‘While the Supreme Court’s decision in Birch v Birch [2017] UKSC 53 is ostensibly about the court’s power to vary undertakings, it provides useful broader guidance on the variation of family orders generally.’

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Law Society's Gazette, 2nd October 2017

Source: www.lawgazette.co.uk

Civil procedure: discontinuing an arbitration claim – Law Society’s Gazette

‘What happens if a party to arbitral proceedings decides to commence an arbitration claim in the High Court (CPR part 62) but subsequently files and serves a notice of discontinuance? Will the claim be automatically discontinued with the usual cost consequences? And what approach will the court take if the other side decides to apply to have the notice set aside? These issues were considered in National Iranian Oil Company v (1) Crescent Petroleum Company International Ltd (2) Crescent Gas Corporation Lid [2016] EWHC 1900 (Comm).’

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Law Society’s Gazette, 13th March 2017

Source: www.lawgazette.co.uk

“Irrevocable undertaking” to pay adverse costs not enough to defeat security application – Litigation Futures

Posted February 20th, 2017 in costs, indemnities, insurance, news, undertakings by sally

‘An irrevocable undertaking by a claimant company’s owner to pay adverse costs is not equivalent to after-the-event (ATE) insurance and so not enough to defeat an application for security for costs, the High Court has ruled.’

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Litigation Futures, 20th February 2017

Source: www.litigationfutures.com

Children: Private Law Update (June 2016) – Family Law Week

Posted June 17th, 2016 in children, costs, DNA, enforcement, news, undertakings by tracey

‘Alex Verdan QC of 4 Paper Buildings reviews recent important judgments in private law children cases.’

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Family Law Week, 15th June 2016

Source: www.familylawweek.co.uk

Does Art 5 entail a right to legal representation when facing prison for contempt of court? – UK Human Rights Blog

‘The European Court of Human Rights has held that the detention of an individual following his breach of a civil contact order, where he had no legal representation, did not violate his rights under Article 5, ECHR (Right to Liberty and Security of Person). However, the decision not to provide compensation to the individual following a failure to provide him with a lawyer during domestic proceedings resulted in a violation of Article 6 (Right to a Fair Trial).’

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UK Human Rights Blog, 30th March 2016

Source: www.ukhumanrightsblog.com

An Inconvenient Truth: The Danger of Using Undertakings in International Cases – Family Law Week

‘Sarah Lucy Cooper, barrister, of Thomas More Chambers considers the perils of relying on undertakings in cases with a foreign element.’

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Family Law Week, 18th February 2016

Source: www.familylawweek.co.uk

Coll v Floreat Merchant Banking Ltd and others (Eggesbo and others, Part 20 defendants) (Solicitors Regulatory Authority intervening) – WLR Daily

Posted June 11th, 2014 in committals, contempt of court, law reports, solicitors, undertakings by sally

Coll v Floreat Merchant Banking Ltd and others (Eggesbo and others, Part 20 defendants) (Solicitors Regulatory Authority intervening) [2014] EWHC 1741 (QB); [2014] WLR (D) 247

‘Whilst there was no specific test for granting permission to make an application for committal for breach of a solicitor’s undertaking, where there was no reasonable prospect of the applicant proving that the relevant solicitor had breached an undertaking, and there was no other good reason to allow the application to proceed, permission should not be granted.’

WLR Daily, 3rd June 2014

Source: www.iclr.co.uk

Civil liability and undertakings – Hardwicke Chambers

Posted June 6th, 2014 in indemnities, insurance, news, professional conduct, solicitors, undertakings by sally

‘Undertakings given by solicitors to third parties are strictly enforced. Generally speaking solicitors would expect their professional indemnity insurers to pick up the claim, but this is not always the case.’

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Hardwicke Chambers, 21st May 2013

Source: www.hardwicke.co.uk

Commission of the European Union v Stichting Administratiekantoor Portielje and another – WLR Daily

Posted July 18th, 2013 in competition, EC law, law reports, subsidiary companies, undertakings by tracey

Commission of the European Union v Stichting Administratiekantoor Portielje and another: (Case C-440/11P);   [2013] WLR (D)  284

“The presumption of actual influence by a parent entity holding a controlling shareholding in its subsidiary arose even where that entity was constituted in the legal form of an economically inactive foundation for the purposes of imputing liability to the parent for a subsidiary’s infringing behaviour under article 101FEU of the FEU Treaty.”

WLR Daily, 11th July 2013

Source: www.iclr.co.uk

Financial Services Authority v Sinaloa Gold plc and others (Barclays Bank plc intervening) – WLR Daily

Financial Services Authority v Sinaloa Gold plc and others (Barclays Bank plc intervening) [2013] UKSC 11; [2013] WLR (D) 90

“There was no general rule that the Financial Services Authority acting pursuant to a public duty should be required to give to the court a cross-undertaking in damages in favour of third parties affected by the obtaining of a freezing injunction under section 380(3) of the Financial Services and Markets Act 2000 and/or section 37(1) of the Senior Courts Act 1981.”

WLR Daily, 27th February 2013

Source: www.iclr.co.uk

Regulators need not guarantee third party losses when freezing assets, Supreme Court confirms – OUT-LAW.com

“Bodies acting under a ‘public law duty’ do not need to cover losses incurred by third parties when they ‘freeze’ the assets of a company under investigation, the Supreme Court has confirmed.”

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OUT-LAW.com, 28th February 2013

Source: www.out-law.com

The Financial Services Authority (a company limited by guarantee) (Respondent) v Sinaloa Gold plc and others (Respondents) and Barclays Bank plc (Appellant) – Supreme Court

The Financial Services Authority (a company limited by guarantee) (Respondent) v Sinaloa Gold plc and others (Respondents) and Barclays Bank plc (Appellant) [2013] UKSC 11 | UKSC 2011/0244 (YouTube)

Supreme Court, 27th February 2013

Source: www.youtube.com/user/UKSupremeCourt

Twitter court case defendant pledges to stop ‘fantasy’ tweets about oil firm – The Guardian

Posted May 17th, 2012 in internet, news, shareholders, undertakings by sally

“A Twitter user has promised to stop posting ‘fantasy information’ about an oil company on the site after the firm took legal action.”

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The Guardian, 17th May 2012

Source: www.guardian.co.uk

Financial Services Authority v Sinaloa Gold plc and others (Barclays Bank plc intervening) – WLR Daily

Posted October 20th, 2011 in appeals, damages, financial regulation, injunctions, law reports, undertakings by tracey

Financial Services Authority v Sinaloa Gold plc and others (Barclays Bank plc intervening) [2011] EWCA Civ 1158;  [2011] WLR (D)  295

“When obtaining an injunction the Financial Services Authority should not normally be required to give an undertaking in damages to third parties, beyond an undertaking to cover the costs incurred in complying with the injunction.”

WLR Daily, 18th october 2011

Source: www.iclr.co.uk