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News: January 2015

A new debt protocol could be introduced in March 2015 which will radically change the way in which debt recovery claims are made. The protocol will apply to businesses claiming debts from individuals and will allow them at least 28 days to seek their own independent advice upon receipt of a letter before action. Furthermore […]

To follow on from our previous bulletins on this subject (Bulletin 1) (Bulletin 2),  a recent case addressed this subject when a franchisee operates a complimentary business. In Oven Clean Domestic Ltd v Read 2015 a restrictive covenant that clearly restricted a franchisee from operating a competing business in the same territory as allocated to […]

Last year saw the UK courts tentatively establish a principle of good faith in relational contracts such as franchising. This principle – whilst long established in other jurisdictions – was unusual in the UK in circumstances where a formal contract existed between the parties, as traditionally English courts are reluctant to imply terms where detailed […]

I last broached the sticky issue of restrictive covenants in 2011 – when the courts confirmed that restrictive covenants in franchise contracts were legitimate to protect the goodwill of the franchisor provided they did not exceed a period of 12 months after the franchise contract was terminated. This case finally gave franchisors a level of […]

An idea for a new brand can be a great starting point for a new venture – but there’s lots to do before those seeds grow into a successful and recognised brand. To help you, here are our top tips for discovering, protecting and commercialising your brand. Discovering it: clear the path Whether you come […]

Husky Group Limited Hindsight is a wonderful thing isn’t it? Recently we acted for David Watchorn of Elwell Watchorn & Saxton, in challenging the assignment of Husky’s trademarks, some 13 months before it went into liquidation, as a transaction at undervalue under s.238 of the Insolvency Act and transaction defrauding creditors under s.423 (case reference, […]

1 December 2014 was an important milestone date for family-friendly employment rights with the new Shared Parental Leave (SPL) provisions officially coming into force under the Children and Families Act 2014. The new SPL regime represents a huge step forward for prospective parents whose child is due to be born on or after 5 April […]

The recent High Court case of Re-Use Collections Limited v Sendall & May Glass Recycling Ltd provides a timely reminder of the unpredictability of relying on and enforcing post-termination restrictive covenants. In this case the employer, Re-Use Collections Limited, attempted to enforce post-termination restrictions against a former employee, Mr Sendall, who had left to join […]

Six months after the introduction of compulsory Early Conciliation, ACAS have released statistics to demonstrate how the changes which came into force in April 2014 have developed throughout the year. The statistics can be summarised as follows: since 6 April 2014, 37,404 cases have been referred for Early Conciliation. These were made up of 36,162 […]

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