Blog
Kingsley Napley’s Medical Negligence Team ‘walks together’ with the Dame Vera Lynn Children’s Charity
Sharon Burkill
21 November 2014
Legal update: Former director liable for copyright infringement and breach of director’s duties despite delay in bringing claim
In the case of IT HUMAN RESOURCES PLC v DAVID LAND [2014] EWHC 3812, a former director was found to have infringed a company's copyright in a software system by providing it to a competitor without the company's consent. He thereby also breached his fiduciary duties as a director. Although the company's claims had been brought over six years after those events, they were not statute-barred because the company's knowledge of them had been delayed by the director's deliberate concealment.
17 November 2014
Legal update - Damages of £45,000 were awarded to a doctor in respect of a Daily Mail newspaper article found to be defamatory
A Spanish GP based in the United Kingdom, Dr. Jose Antonio Serrano Garcia, was awarded damages of £45,000 following his libel action against the Daily Mail.
20 August 2014
Legal update: Bank negligent in providing inaccurate reference of player’s creditworthiness to casino
(1) Playboy Club London ltd (2) London Clubs International Ltd (3)Burlington Street Services Ltd v Bianca Nazionale Del Lavoro Lavoro Spa [2014] EWHC 2613
When X arrived in London he applied for a cheque-cashing facility in order to play in the Playboy Club London Limited (“the Club”). The Club sought a reference as to X's creditworthiness. To preserve customer confidentiality, the Club made the request through a related company, the third claimant (S). The reference request was addressed to the manager of Banca Nazionale di Lavoro SPA (“the Bank”). A response, purporting to be from one of the Bank's employees (G), stated that X had an account and was trustworthy to the extent of £1.6 million in any one week. In fact, X's balance had always been nil.
5 August 2014
Legal update: Businessman granted leave to serve injunction proceedings on Google out of the jurisdiction
Last Thursday, in the case of Hegglin v Google Inc. & ORS (2014) QBD, the High Court granted a businessman leave to serve proceedings under the Data Protection Act 1998 out of the jurisdiction on Google, seeking injunctive relief in respect of defamatory comments posted on websites by an anonymous individual.
5 August 2014
Legal update: Supreme Court dismisses appeal against decision giving principal a proprietary claim over bribe or secret commission
In the case of FHR European Ventures LLP & ORS v Cedar Capital Partners LLC [2014] UKSC 45, the Supreme Court has held that where an agent received a bribe or secret commission in breach of his fiduciary duty to his principal, he held that bribe or secret commission on trust for his principal, meaning that the principal had a proprietary claim to it.