||All England Reporter
|| All ER (D) 172 (Aug)
||Queen's Bench Division
Judge Mackie QC sitting as a judge of the High Court
||Adam Solomon ( instructed by Roythorne & Co) for the claimant.
||Mark Tempest (instructed by Natado & Co) for the first and second defendant.
||30 August 2007
Restraint of trade by agreement - Employer and employee - Information technology consultant - First defendant terminating employment with claimant and providing services through employment with another company - Claimant seeking interim injunction to enforce restrictive covenants and duties of confidentiality in agreement - Whether claimant entitled to interim relief.
Restraint of trade by agreement Employer and employee. An application for an interim injunction to enforce restrictive covenants preventing the first and second defendant, a former employee and service supplier of the claimant, from dealing with the claimant's clients, subsidiary or associated companies, was refused. The claimant had not argued that the company, to which the defendants had provided services after the termination of the first defendant's employment with the claimant was, a 'client' within the terms of an agreement and, having regard to all the material, there was no serious issue to be tried.
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