Company/Commercial Litigation (Case Studies)

Max Engel have been involved in a number of high profile and important commercial litigation cases.

Title retention clauses can involve many thousands of pounds and can be vital to your chances of recovery if a creditor goes into liquidation or receivership. We were at the forefront of drafting standard Terms and Conditions of Business and our title retention clause was tested before the Court in a case which laid down the limits in which title retention can be claimed.

Our client, the supplier of leather to the manufacturer of Gucci handbags, was left high and dry when the manufacturer became insolvent. Fortunately they had taken our advice and included a title retention clause. The Court had to decide whether this would cover only the leather or whether it would also extend to cover the finished handbags.

 

An argument over the name given to a bed saw us in Court at short notice on behalf of a national brand immediately before the major annual bedding exhibition, in order to obtain an injunction against a competitor who had managed to choose exactly the same name for a bed, a week or so after our client had chosen theirs. We were able to show that the fact that their new managing director had joined from our client company very shortly beforehand had undoubtedly helped in the decision to choose that particular name.