||All England Reporter
|| All ER (D) 157 (Nov)
||Queen's Bench Division
Judge MacDuff QC sitting as a judge of the High Court
||Nicholas De Marco (instructed by Mishcon de Reya) for the claimant.
||Paul Reed (instructed by Wright Hassell LLP, Leamington Spa) for the defendant.
||9 November 2007
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 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.
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