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A company's powers: what are the restrictions and what do lenders need to look out for?
We discuss how an older company's powers can be restricted and why a prudent lender should check a company has the legal capacity to enter into any proposed transac…
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Understanding restrictive covenants in employment contracts
This article looks to understand what restrictive covenants in employment contracts are, the different types and whether they are enforceable.
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High Court ruling on disputed forfeiture provision
This case is the latest in a recent series of cases concerning the interpretation of ‘forfeiture’ provisions which started with Lloyds GMP equalisation cases back i…
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How do you know if an elderly person has capacity to make a new will?
This article looks at whether an elderly person has capacity to make a new will, such as the case of Boast v Ballardi and others.
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CAT guidance on competing Collective Proceedings Order applications
When considering claims regarding a cartel concerning medium and heavy trucks, the Competition Appeal Tribunal (CAT) provided useful guidance on the approach to be …
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How to terminate a contract
If your business is facing distress, reviewing contractual commitments, and identifying opportunities to terminate those that are unproductive, can help significant…
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TCC reaffirms guidance on effectively challenging an adjudicator’s decision
The recent decision of Metropolitan Borough of Sefton v Allenbuild Limited provides useful guidance upon effectively challenging an adjudicator’s decision.
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At what point does the period of limitation commence in cartel damages claims?
In a recent ruling, the Court of Appeal has examined when the limitation period commences in ‘follow-on’ cartel damages claims.
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The pass-on defence: difficulties of determination
A recent ruling by The Competition Appeal Tribunal (CAT) examines issues around the ‘pass-on’ defence and provides guidance as to how these types of claims ought to…
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Standalone claim against Apple has realistic prospect of success
The Competition Appeal Tribunal (CAT) has dismissed an application by the tech giant, Apple, for strike out/ reverse summary judgment in respect of a standalone cla…