The High Court has considered whether indemnity claims were subject to an implied term of being “accurately calculated and based on factual substance”. Under the terms of a share purchase agreement, the buyer paid a proportion of the purchase price into a retention fund (held by its solicitors, on its Read more…
In the blog entitled “Access to Justice” dated 7th November 2014 (www.tayloremmet.co.uk/blogs/access-to-justice/) it was reported that Sir James Munby, the President of the Family Division of the High Court, had expressed his frustration with the legal aid system in a case in which a three year old boy had been Read more…
In Eurasian Natural Resources Corporation Ltd v Judge, the High Court held that there were no grounds for finding that a director was subject to an implied term requiring delivery up of confidential documents after termination of his appointment. The director’s service agreement provided that all information acquired during his Read more…
There have been two stories in the media this week about access to justice – or lack thereof. It was reported in the mainstream media on 31st October that Sir James Munby, the President of the Family Division of the High Court, had accused the Government of “washing its hands Read more…
The High Court has held that a bank breached an equitable duty of confidence by misusing confidential information supplied by a corporate customer. This approach was initially made through a third party acting on behalf of the claimant and a confidentiality agreement was entered into between the third party and Read more…
Normally it is the Companies Court which deals with administration related applications.However in X-Fab Semiconductor Foundries AG v Plessey Semiconductors Limited [2014] EWHC 3190 (QB) (17 July 2014), the High Court has held that, in exceptional circumstances, the Queen’s Bench division can hear an application to permit creditor action against Read more…
A recent High Court decision provides useful guidance for businesses on how they should deal with the competing rights, legal obligations and interests of the parties involved when providing a reference. The court held that a police force should not be permitted to send a further reference to the new Read more…
Landlords will welcome the High Court’s comments on when sanctions for non-compliance with the tenancy deposit scheme (TDS) legislation are triggered. The tenant had argued that the section 21 notice served by the landlord was invalid, as, at the time of service, the landlord had not yet protected the deposit Read more…
In what appears to be one of the few times that a judge has felt justified in allowing the inspection and imaging of employees’ computers, the High Court has recently ordered that an employer may instruct an independent computer expert to inspect and take images from the personal computers of Read more…
The High Court has granted an injunction to enforce a 12 month non-compete restrictive covenant which, if read literally, offered the claimant employer no protection at all. The court was prepared to read words into the covenant to produce a commercially sensible result. This case is a useful reminder of Read more…