Tag: high court

Landlord’s Development v Quiet Enjoyment

In what is proving to be a competitive market for commercial landlords, many are looking for different options to maximise the revenue from their investments by undertaking works to all or part of a tenant occupied building. This gives Landlords the opportunity to increase their yields by exploring potential developments or conversions of their building. …

Don’t step in the jurisdiction accidentally!

A recent decision of the High Court (Desarrollo Immobililiario Y Negocios Industriales De Alta v Kdader Holdings Company Limited [2014] EWHC 1460 (QB))  is a timely reminder of the danger of a defendant submitting itself to the jurisdiction of a US court, which makes a judgment of the US court enforceable in England, when it …

Is a 12 month non-competition restrictive covenant enforceable?

Yes says the High Court in the case of Merlin Financial Consultants Ltd v Cooper! In this case, a ‘goodwill’ agreement between an employer and a financial adviser contained a restrictive covenant preventing the financial adviser from ‘competing’ with the business of the employer for 12 months post termination.  The Court found that 12 month …