| Source: | All England Reporter |
| Publisher Citation: | [2007] All ER (D) 02 (Jun) |
| Court: | Queen's Bench Division |
| Judge: | Underhill J |
| Representation | John Mehrzad (instructed by Georgious Nicholas) for the claimant. |
| Charles Samek (instructed by Halliwells LLP) for the defendant. | |
| Judgment Dates: | 5 June 2007 |
Catchwords
Employment - Contract of employment - Termination - Employee commencing employment with competitor - Injunction - Non-disclosure - Employer failing to disclose fact at oral hearing regarding termination of employment - Whether non-disclosure material.
The Case
Employment Contract of employment. Where the claimant had been granted a without notice injunction, and in the course of oral argument, at the inter-party hearing, had unintentionally misrepresented a fact to the court which was fundamentally the result of a momentary state of confusion, and that fact had not gone to the root of the decision to issue the injunction, then there would be no injustice in the defendant remaining subject to the injunction.
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