CMA launches court action against Teletext Holidays – gov.uk
‘The CMA has today launched court action against Teletext Holidays over inadequate progress on refunds to package holiday customers.’
gov.uk, 18th October 2021
Source: www.gov.uk
Category: undertakings
“You know what we meant!” Supreme Court guidance on non-compete clauses – 3PB
‘On 23 July 2021 the Supreme Court handed down its unanimous judgment on the issues of restraint of trade and solicitors’ undertakings. This article considers the central issue before the court, namely whether a non-compete undertaking within a non-disclosure agreement was an unreasonable restraint of trade and therefore unenforceable.’
3PB, 9th August 2021
Source: www.3pb.co.uk
If in doubt, don’t assume it’s a solicitor’s undertaking – Hailsham Chambers
‘In its 23 July 2021 judgment, the Supreme Court tackled the severe limitations of solicitors’ undertakings in the modern era in Harcus Sinclair LLP v Your Lawyers Ltd [2021] UKSC 32. All practitioners will need to know about this vitally important unanimous judgment.’
Hailsham Chambers, 26th July 2021
Source: www.hailshamchambers.com
Judge refuses to grant solicitor injunction after “grave robber” claims – Legal Futures
‘A High Court judge has refused to grant a solicitor a permanent injunction to enforce undertakings made by the son of a client that he would stop making defamatory statements.’
Legal Futures, 9th March 2021
Source: www.legalfutures.co.uk
Eviction and contempt – Nearly Legal
‘This is a somewhat unusual appeal in the context of possession proceedings, being an appeal against a 12 month committal of the tenant to prison on two counts of contempt of court.’
Nearly Legal, 21st September 2020
Source: nearlylegal.co.uk
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.’
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
‘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.’
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.’
Legal Futures, 15th November 2019
Source: www.legalfutures.co.uk
Solicitor jailed for 14 months for contempt – Legal Futures
‘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.’
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.’
Local Government Lawyer, 8th August 2019
Source: www.localgovernmentlawyer.co.uk
Koza Ltd & Anor v Akcil & Ors [2019] EWCA Civ 891 – Hardwicke Chambers
‘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.’
Hardwicke Chambers, 27th June 2019
Source: hardwicke.co.uk
Family: Undertakings and variations – Law Society’s Gazette
‘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.’
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).’
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
‘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.’
Litigation Futures, 20th February 2017
Source: www.litigationfutures.com
Children: Private Law Update (June 2016) – Family Law Week
‘Alex Verdan QC of 4 Paper Buildings reviews recent important judgments in private law children cases.’
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).’
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.’
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
‘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
‘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.’
Hardwicke Chambers, 21st May 2013
Source: www.hardwicke.co.uk
Commission of the European Union v Stichting Administratiekantoor Portielje and another – WLR Daily
“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
