Source: All England Reporter
Publisher Citation: [2007] All ER (D) 157 (Nov)
Court: Queen's Bench Division
Judge:

Judge MacDuff QC sitting as a judge of the High Court
Representation Nicholas De Marco (instructed by Mishcon de Reya) for the claimant.
  Paul Reed (instructed by Wright Hassell LLP, Leamington Spa) for the defendant.
Judgment Dates: 9 November 2007

Catchwords

Statement of claim - Striking out - No reasonable cause of action - Claimant bringing action for compensatory damages for breach of restrictive covenants in employment contract - Case on quantum unparticularised and unsupported by evidence - Claimant only being able to obtain judgment on breach and nominal damages - Whether case should be struck out.

The Case

The claimant's claim for compensatory damages for the defendant's alleged breach of restrictive covenants in his contract of employment would be struck out, since on the material adduced by the claimant, it was not able to prove loss and damage. The best it could do was obtain a judgment of breach, with perhaps nominal damages, which would amount to losing the case, especially since it was likely to have a costs order made against it.

If you are a LexisLibrary subscriber you can read more about this case here.

Lexis®Library

  • Cases related to this particular case that are related to, or discuss this caseView related cases
  • Commentary discussing this particular case from LexisLibrary's comprehensive range of titles including Butterworths, Halsbury's and TolleyView related commentary
  • The All England Law Reports comprises judgments with headnotes and catchwords indicating the area of law and key issues of the case prepared by legally qualified editorsFind AllER Reports