John Blackmore
Call 1983 (Inner Temple)
Qualifications LLB (London), Post G
Professional Memberships Chancery Bar Association
John Blackmore is a barrister specialising in all areas of commercial litigation. Before being called to the bar, John practised for over 10 years as a Partner in a commercial law firm in Auckland, New Zealand.
John boasts particular expertise and experience in matters involving property, partnership, shareholder disputes, intellectual property, restraint of trade and economic torts including civil fraud, conspiracy and inducement to breach of contract.
Areas of Practice
Restraint of Trade
Including breach of fiduciary duty, improper use of confidential information, restrictive covenants involving directors, partners & employees. Examples of John’s experience in this field include:-
- acted for locally based company installng and maintaining commercial air conditioning units : breach of fiduciary relationship, copyright, fraud (double invoicing) : damages and transfer of 15% shareholding
- representing a Copehagen based importer of Swedish manufactured furniture : 3rd Party in collusion with ex-director using registered design to produce and distribute in UK : issues of fiduciary relationship, registered designs, and EC Competition Law
- instructed on behalf of a firm of solicitors in the South West following resignation of partner to rival firm to conduct legally aided class litigation (medical negligence) : application to restrain former partner within terms of partnership deed and compensation for work-in-progress losses and inducement.
Intellectual Property
- including breach of copyright, passing off, patents & trademarks
- acted in the significant Court of Appeal decision on the issue of reverse passing off: Bristol Conservatories v. Conservatories Custom Built Ltd (1989) RPC 455
- acting in relation to an application for an injunction restraining a major manufacturer and supplier of beds from expanding its operation to the South East Wales while trading under the same name
Property Litigation
- principally of a commercial nature including nuisance and trespass, commercial leases, title, easements and covenants, disputes relating to land development (especially issues involving valuation evidence).
- claim against Local Authority for capital losses of £2m in out of town development in North Devon
- claim against solicitors in respect of loss of capital value for land development at Torquay
- claim for loss of capital value arising from restricted use of car park at a large hotel in West London
- claim for losses following tree root damage to garage and showroom premises of major vehicle distrubutor
- regularly instructed on behalf of national house builder to advise in relation to various legal diffuculties arising
Commercial Contract Disputes
- particularly franchise & distributorship agreements, sale of goods and services
Company Law
- including shareholders’ disputes, s.459 Petitions, directors’ obligations and duties
- Blackmore v Capital Cabs, shareholder dispute s459 petition
Partnership Disputes
- particularly professional partnerships
- acted in disputes involving large firms of solicitors and accountants
Professional Negligence
- including solicitors, surveyors & accountants
- presently retained by Swiss clients in professional negligence claims against project managers and quantity surveyors in a large construction contract.
Recent cases
- Forest of Dean DC v Forestry Commision – case involving ancient rights of the Verderers of the Forest of Dean who were afforded Grazing Rights in the Forest.
- Penton Investments Salisbury Ltd v Peugeot – case involving negligent misrepresentation by Peugeot inducing a major dealership to enter into a Peugeot dealership which resulted in substantial economic loss.
- Healing Sports Ltd and Shiner Ltd – case involving intellectual property infringements by various companies selling copies of the Healys sporting shoe incorporating the wheel in the heal
- Eastern Eye Limited and Miah and others passing off, trade mark infringement relating to major restaurant in the West Country
- SMAE Institute and Stonebridge Associated Colleges Ltd, obtaining a restraining order to prevent use of domain name
- Stroud District Council v Cathedral Properties Co. Ltd, retained by Stroud District Council to enforce a sale and purchase agreement for the sale of development land.
