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Share plans and proprietary estoppel: be careful what you promise
Samuel Sherr
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.
The Financial Conduct Authority (FCA), the Prudential Regulation Authority (PRA) (collectively “The Regulators”) and HM Revenue and Customs (HMRC) have agreed how they will share information and expertise in the future. This follows the Regulators’ joint investigation into their existing relationship with HMRC.
Whilst the well-known maxim that all press is good press is still widely touted, individuals and businesses in the public eye often disagree and are becoming ever more savvy when it comes to reputation management and trying to ensure that the balance consistently tips their way. This is likely to account in part for the 24 per cent decrease in defamation claims issued in 2013. Instead of waiting for material to be published and then seeking redress, pre-emptive steps are taken before material is published to ensure that the content does not get out there in the first place.
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.
In the recent case of OPO v (1) MLA (2) STL [2014] EWCA Civ 1277 a son was successful in obtaining an injunction against his father, a famous performing artist, from publishing a book which was likely to have “catastrophic effect” on son’s physiological well-being.
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