Podcast Location:
Download it here [file size: 26.3 MB]
Part of:
Dealing with Team Moves by Partners & Senior Staff CPD Training Bundle
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 look at the Tullett Case and examines the judicial findings in several key areas including the duty of fidelity, fiduciary duties, disclosure, the use of confidential information, the status of post termination restrictive covenants, procuring a breach of contract and whether a team move constitutes an unlawful means conspiracy.

The podcast also aims to compare Tullett to other recent cases in an attempt to elucidate the principles the courts are applying in team move litigation

Outcomes:
After completing the course you will:
  • Know the key facts in the Tullett Prebon litigation;
  • Be aware of the key issues that arise in team move cases;
  • Understand what the courts have said about the employee’s duty of fidelity and the threshold for breach;
  • Be aware of the circumstances in which an employee might have a fiduciary duty;
  • Know the employee’s duties of disclosure;
  • Understand the possible issues surrounding the use of confidential information and trade secrets in a team move;
  • Understand the role of NewCo in a team move and the possible claims that might be made against them;
  • Understand the key do’s and don’ts when considering a team move;
  • Understand the role of constructive dismissal in letting employees ‘off the hook’ and the circumstances in which this will be relevant;
  • Understand the role lawyers can play in helping to manage the issues in a team move;
  • Be aware of the ambit of any privilege that attaches to documents or information;
  • Understand the dangers in reacting too rashly to applications to injunctive relief;
  • Be aware of the key disclosure obligations on solicitors;
  • Consider whether there remains any area of nuance for practitioners following Tullet Prebon.
Level:
Intermediate Difficulty: 3 of 5
Classification:
Case Update
Practical Guide
Sources and References:
  • RDF Media Group Plc v Clements [2008] IRLR 207;
  • OBG Ltd v Allan [2008] AC 1;
  • Hedridge v standard bank London;
  • Tullett Prebon Plc & Ors v BGC Brokers LP & Ors [2011] EWCA Civ 131;
  • Tullett Prebon Plc and others v BGC Brokers LP and others [2010] EWHC 484 (QB);
  • Lonmar Global Risks Ltd v West & Ors [2010] EWHC 2878 (QB);
  • Kynixa Limited v Hynes [2008] EWHC 1495 (QB);
  • Malik v BCCI [1998] AC 20;
  • Attorney-General v Blake [2001] 1 AC 268;
  • University of Nottingham v Fishel [2000] ICR 1462;
  • Helmet Integrated Systems Ltd v Tunnard [2007] IRLR 126;
  • Lawrence David v Ashton [1989] ICR 123.
Tags:

This employment law podcast with Stuart Ritchie and Chris Newman of Littleton Chambers looks at the key judicial findings and the legal and practical issues that face advisors in team move cases at the outset and through litigation. This podcast follows the recent decision in Tullett Prebon in which the court of appeal gave the law on team moves a thorough review.

Podcast added: 09/05/11

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