Source: All England Reporter
Publisher Citation: [2008] All ER (D) 402 (Jul)
Neutral Citation: [2008] EWHC 1887 (Ch)
Court: Chancery Division
Judge:

Sir Andrew Park
Representation Jason Evans-Tovey (instructed by Field Fisher Waterhouse) for the claimant.
  David Parry (instructed by Spratt Endicott) for the defendant.
Judgment Dates: 30 July 2008

Catchwords

Restrictive covenant - Restraint of trade - Injunction - Claimant company having rights in 'ChipsAway' system in respect of filling and restoring damage to cars and other vehicles - Claimant granting franchise to defendant authorising use of ChipsAway name and other products - Franchise agreement containing restrictive covenants - Defendant subsequently giving up franchise - Claimant seeking injunction against defendant on basis that defendant in breach of restrictive covenants - Whether defendant in breach of restrictive covenants - Whether injunctions justified.

The Case

Restrictive covenant Restraint of trade. The court ruled on the proper construction of a clause in a restrictive covenant of a franchise agreement, deciding that on the proper construction of the relevant sub-clause, the defendant franchisee had not been acting in breach of the restrictive covenant in question.

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