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Law Business Articles

IMPORTANT NOTE

The contents of this section do not contain legal advice but are commentary designed to open discussion and awareness of possible legal issues. They should not be acted upon without first obtaining full legal advice. For further formal advice and guidance – call Tim Walsh personally at Willaw.

Liability is limited by a scheme approved under Professional Standards Legislation.

Business Commercial disputes – settlement pressures

In complex cases (many examples such as cases against directors or Banks) the Statements of Claim and the Affidavits that are supposed to “tell the story” prove to be quite irrelevant and inadequate, often requiring amendment or re-statement close to Hearing when new claims are also often introduced (much to the annoyance of Courts) often leading to adjournments and delays, and Judges are not uncommonly disposed to dismiss claims (or parts) and defences and requires the parties to go away to discuss settlement.

Commercial Business law – Restraint of trade employment

A restraint of trade is contrary to public policy and void, unless on the facts of the particular case the restriction is reasonable having regard to, first, the interests of the parties and, second, the interests of the public, so that while affording adequate protection to the former employer, it is not injurious to the public.