Podcast Location:
Download it here [file size: 19.3 MB]
Categories:
Employment Law
CPD Points:
Up to 1 point. details »

Due to the difference in guidelines between the SRA and the Bar Standards Board, CPD points are awarded differently for Solicitors, Barristers and Legal Executives:

Regulated by the Solicitors Regulation Authority:
Listen and pass the quiz: Gain 1 CPD point (60 minutes)
Listen only, gain ½ a CPD point (30 minutes)

Regulated by the Bar Standards Board:
Listen and pass the quiz: Gain 1 accredited CPD point (60 minutes)

Regulated by ILEX:
Listen and pass the quiz: Gain 1 CPD point (60 minutes)
Listen only, gain ½ a CPD point (30 minutes)

Cost:
  • FREE
Length:
30 minutes of audio
(+ optional 5 minute online quiz)
Plays on Computer:
Yes Downloadable as MP3:    Yes
Contributor(s):
Course Aims:

This podcast aims to inform the listener of practical steps that can be taken should this scenario be faced. It also educates the listener as to the law that applies to taking action against the director and employees, and discusses the issues arising from their contracts of employment.

Outcomes:
After completing the course you will:
  • Be aware of the appropriate practical steps to take in this type of scenario;
  • Understand the potential practical and legal issues to look out for;
  • Know how the individual contracts of employment may impact on the actions taken;
  • Know the potential remedies that are available to the company and how to apply for them.
Level:
Intermediate Difficulty: 3 of 5
Classification:
Case Update
Legal Principles
Panel Discussion
Practical Guide
Sources and References:
  • Companies Act 2006;
  • Regulation of Investigatory Powers Act 2000;
  • Copyright and Rights in Databases Regulations 1997;
  • Copyright, Designs and Patents Act 1988;
  • RDF Media Group Plc v Clements [2007] EWHC 2892 (QB);
  • UBS Wealth Management (UK) Limited & another v Vestra Wealth LLP & Others [2008] EWHC 1974 (QB);
  • Searle (G D) & Co Ltd v Celltech Ltd [1982] FSR 92;
  • British Midland Tool Ltd v Midland International Tooling Ltd [2003] EWHC 466 (Ch);
  • RBG Resources plc v Rastogi [2005] EWHC 994 (Ch);
  • Universal Thermosensors Ltd v Hibben [1992] 1 WLR 840;
  • Robb v Green [1895] 2 QB 315;
  • Helmet Integrated Systems Ltd v Tunnard [2006] EWCA Civ 1735;
  • Shepherds Investments Ltd v Andrew Walters [2007] EWCA Civ 292;
  • Pennwell Publishing (UK) Ltd v Ornstien [2007] EWHC 1570 (QB).

This podcast discusses both the legal and practical approaches to be taken in the scenario where a director resigns from a company, along with numerous staff, and it is suspected that they aim to form a competitor company.

Podcast Added: 27/02/2009

Podcast last reviewed: 2011-03-28

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