A partner may be restrained by injunction from a breach of the partnership agreement1. He may also be restrained from entering into a new partnership with others for carrying on a business of the same nature and character as the old partnership before the expiration of the term of the old partnership, from publishing notices of dissolution, and from using the firm name of the old partnership in his new business2. Injunctions will be granted to restrain him from carrying on a business on his own account in the firm name3, or with partnership assets4, or against the wishes
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An intention to create legal relations is requiredThere are various situations in which a court will hold that an agreement is not binding because, though supported by consideration, it was made without any intention of creating legal relations (see, eg, Blue v Ashley).Did the parties intend to
BREXIT: As of exit day (31 January 2020), the UK is no longer an EU Member State. However, in accordance with the Withdrawal Agreement, the UK has entered an implementation period, during which it continues to be subject to EU law. This has an impact on this Practice Note. For further guidance on
Case number [insert number][In the principal registryORIn the [insert court location] FAMILY court]Sitting at [insert place]Notice of actingBetween[insert petitioner name]Petitionerand[insert respondent name]RespondentTake notice that we [insert name of firm] have been appointed to act as the
Unlike many other countries, the UK has no unfair competition law. Brand owners seeking to prevent competitors from marketing ‘copycat’ products or using misleading advertising have to rely on a combination of different intellectual property rights. These rights include the common law right to
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