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News Category: Dispute resolution

  • 29 April 2015

    Restrictive Covenants and Top Gear – 12 months to reboot before Clarkson can compete?

    In the aftermath of "that" fracas, speculation has been rife as to what Jezza, Captain Slow and the Hamster's next televisual steps will be. Whilst the trio have been widely linked to a new motoring show on Netflix, turning the ignition key on any new Clarkson vehicle may have to wait until 2016 at the earliest if the reported 12-month non-compete clauses are observed or upheld. Read more

  • 27 January 2015

    Competition Law: Can I stop my goods from being resold on websites such as Amazon or eBay?

    The short answer is yes but only in very limited circumstances and only where such action is not driven by a desire to impose a minimum resale price. However, many manufacturers are seeking to impose restrictions that would unlikely be upheld should they come before the courts. Read more

  • 28 August 2014

    Restrictive covenant could not be redrafted

    In a recent decision, the Court of Appeal has held that a non-competition clause could not be redrafted by the High Court in order to make it effective. Read more

  • 16 June 2014

    Break Clauses – “as you were”

    The recent Court of Appeal decision in Marks & Spencer plc -v- BNP Paribas Securities Services Trust Company (Jersey) Limited and Another [2014] EWCA C(iv) 603 is a blow to tenants. Read more

  • 16 June 2014

    Restrictions on User – Competition Law

    It is fair to say that competition law has been under the radar for many property lawyers, probably due to the fact that when the Competition Act 1998 (“Act”) was enacted, Land Agreements were excluded.  All that changed on 6 4pril 2011, and Land Agreements are now treated in the same way as any other Agreement for the purposes of competition law in the UK. Read more

  • 16 June 2014

    Break Clauses – “Form versus Content”

    Break clauses are a subject that will not go away.  A useful reminder of the need to take particular care when negotiating terms at the outset, and strictly complying with them when exercising a break, is provided by the case of Friends Life Limited -v- Siemens Hearing Instruments Limited [2014]. Read more

  • 27 May 2014

    Consumer Contracts: New Developments

    The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 (“the Regulations”) will come into force and apply to all contracts entered into on or after 13 June 2014. Read more

  • 25 July 2013

    Tenant’s refund for rent following the break date

    Comment on the recent case of Marks and Spencer plc v BNP Paribas Securities Services Trust Company Ltd [2013] EWHC 1279 (Ch) on break clauses and rent refunds. Read more

  • 25 July 2013

    Commercial Rent Arrears Recovery: Guidance for Landlords

    An explanation of the new Commercial Rent Arrears Recovery provisions expected to come into force later this year. Read more

  • 30 May 2013

    Hunt & Others v Optima (Cambridge) Limited and Others

    Michael Fahy considers the recent case of Hunt & Others v Optima (Cambridge) Limited and Others [2013] EWHC 681 (TCC).  The Technology and Construction Court held that: a property developer; landlord; and architect were liable to long-leaseholder residents for defects in a block of flats. Read more