Source: All England Reporter
Publisher Citation: [2008] All ER (D) 49 (May)
Neutral Citation: [2008] EWHC 978 (QB)
Court: Queen's Bench Division
Judge:

Elizabeth Slade QC sitting as a deputy Judge of the High Court
Representation Charles Bear QC and Rupert Allen (instructed by Cartmell Shepherd) for the claimant.
  Shirley Bothroyd (instructed by Nabarro, Sheffield) for the defendants.
Judgment Dates: 6 May 2008

Catchwords

Restraint of trade by agreement - Employer and employee - Period of restraint - First defendant signing confidentiality agreement - Contract of employment containing post termination restrictive covenants - First defendant terminating employment with claimant - Claimant seeking injunction restraining first defendant from using or disclosing confidential information as defined in confidentiality agreement or to break post termination restrictive covenants in contract of employment - Whether injunctions should be granted.

The Case

An injunction was granted in terms restraining the first defendant from using or disclosing confidential information as defined in the confidentiality agreement or to break the post termination restrictive covenants in her contract of employment with the claimant, where the evidence had established a real risk of damage to the claimant if the valid restrictive covenant was not enforced and where the evidence had not established that the first defendant would suffer exceptional hardship if injunctive relief to enforce was granted.

Practice Areas

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