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A jewellery designer who had built up a strong brand reputation has won a passing off claim against a new business using a similar name. The Intellectual Property Enterprise Court heard that Alyssa Smith started out as a sole trader in 2009, using the trading signs Alyssa Smith Jewellery, Alyssa Jewellery and @alyssajewellery. She attracted
The High Court has ruled that a restaurant manager was entitled to be a director and shareholder of a new business he had set up with a married couple. He was also entitled to payments as specified in a contract agreed by both sides. The manager had run a restaurant from premises which were held
The Court of Appeal has clarified whether external doors are landlords’ fixtures and so subject to landlord control. The case involved a tenant who was the registered proprietor of two long-leasehold flats with terms of 999 years. The leases included a covenant by the tenant at cl.3(4) not to “remove any of the landlord’s fixtures”
Two directors have been granted permission to continue running their companies despite being disqualified for breaching regulations. The court accepted that they were essential for the continuation of their business and hundreds of jobs could be a risk if they were not allowed remain at the helm. The case involved two directors of a company
A firm of consultants were entitled to a large fee for introducing a client to an insurance company even thought there was no specific contract. The law allowed for a fair payment to be implied in the business agreement. That was the decision of the High Court in a case involving Premia Marketing Ltd v
The Court of Appeal has ruled that a commercial tenant had correctly exercised a break clause in its lease despite having left the premises “dysfunctional and unoccupiable”. The break clause provided that the tenant could terminate the lease if it gave “vacant possession of the Premises to the Landlord” on the relevant break date. The
The Employment Tribunal has warned against encouraging a ‘culture of hyper-sensitivity’ in the workplace. The comments came as the tribunal rejected a female employee’s claim of age and sex discrimination after she was overlooked for promotion and her superiors made questionable comments to her. Miss Sithirapathy worked as a legal counsel for pharmaceutical company PSI
The coverage in the press in relation to Alice Thompson’s case against her employer Manors Estate Agents is understandable: any case with a large settlement figure and an easy headline is going to attract attention. However, while it is being portrayed as a huge pay out for simply not allowing an employee to leave work
The High Court has ruled that a judge’s decision to limit a mother’s evidence in a domestic abuse case to five allegations was wrong and should be set aside. The case involved a married couple who separated in 2019. They had two children aged 12 and three. In 2020, they each issued applications for child
A man has been removed as an executor of his mother’s will after his brother complained that he was obstructing the administration of the estate. The case involved three brothers; two of them were executors of her will. Following several years of disagreement, one of the brothers raised a petition seeking the removal of the