Partnership agreements sometimes contain provisions prohibiting an outgoing partner from carrying on a similar trade or profession within specified limits of time and distance1. Such provisions are not enforceable unless the restrictions are reasonable2. In order to uphold a covenant in restraint of trade, the claimant must establish that: (1) he has a legitimate interest capable of being protected; (2) the restrictive covenants are no more than adequate to protect the interest (meaning not excessive as regards area, duration or prohibited activities); and (3) without the enforcement of such covenants, the interest or goodwill could be injured or damaged
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Codicils may be used for making any alteration in a Will such as to alter the executors or make changes in legacies, whether by addition or deletion but that is by no means their only use. As a general rule, substantial changes are best achieved by means of a new Will and codicils are more
Brexit: The UK's departure from the EU on exit day ie Friday 31 January 2020 has implications for practitioners dealing with provisions in the CPR relevant to cross border matters, including CPR 5.4C (discussed below). For guidance on the impact of Brexit on the CPR, see Cross border
Tipping off and prejudicing an investigationIt would undermine the benefit to the authorities if, a suspicious activity report (SAR) having been made, the alleged offender were to be made aware of the interest in their activities so that they could take steps to cover up their misdeeds or disappear.
Deceit—what is it?A deceit occurs when a misrepresentation is made with the express intention of defrauding a party, subsequently causing loss to that party.The elements of a claim in deceit are:•a clear false representation of fact or law•fraud by the maker, in the sense that they knew that the
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