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21 July 2022 Proceed with caution – covenants in franchise agreements

In the recent case of Dwyer (UK Franchising) Limited v Fredbar Limited and ano’r [2022] EWCA Civ 889, the Court of Appeal considered the reasonableness of restrictive covenants in a franchise agreement.

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11 August 2016 Cayman Court of Appeal - clarity on rankings for unpaid redemption creditors

In the case of Primeo Fund (in official liquidation) v Herald Fund SPC (in official liquidation), the Cayman Islands Court of Appeal considered an appeal by Herald from the Grand Court’s first instance decision.

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5 May 2016 Notification Injunctions – I have to tell you first

In Mark Alan Holyoake & other v Nicholas Anthony Candy & 5 Ors [2016] EWHC, the court granted a notification injunction requiring the defendants to notify the claimants before disposing or dealing with their assets.

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4 November 2015 Clarification of the law on contractual penalties

The Supreme Court’s long-awaited decision in the consolidated appeals of Cavendish Square Holding BV (Appellant) v Talal El Makdessi (Respondent); ParkingEye Limited (Respondent) v Beavis (Appellant) [2015] UKSC 67 provides some useful guidance on the legality of contractual penalties.

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6 August 2015 Robin Hood's merry men ordered to pay compensation for wrongful trading

A case was brought by the liquidators of Robin Hood Centre PLC against the former directors for wrongful trading, alleging that the directors knew that there was no reasonable prospect of the company avoiding insolvent liquidation following certain events, such as the year end accounts which showed a loss and a letter from HMRC in 3 May 2007 confirming a VAT liability.

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2 July 2015 Failure to comply with unless order proves costly for liquidators

The case of Atrium Training Services concerned a claim brought by the liquidators against a former director and company secretary for c£50m in unpaid tax and national insurance. The liquidators failed to comply with orders for disclosure and an unless order was made. The liquidators then served a list of documents but many of the scanned documents were corrupted causing key word searches to be ineffective and some important documents were omitted

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9 October 2014 Can a refusal to mediate be reasonable?

In the case of Northrop v BAE Systems, the court had to determine costs after giving judgment in favour of BAE.

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6 October 2014 Costs protection under a Calderbank offer – the same as a Part 36 offer?

In the case of Coward v Phaestos, the court considered an appeal by an unsuccessful party against a costs order.

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24 July 2014 Beware of leaving costs in settled cases to the court to decide

The recent case of RG Spiller Ltd v Derhalli highlights the dangers of leaving the issue of costs to the court when the substantive issues have been resolved.

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