Source: All England Reporter
Publisher Citation: [2014] All ER (D) 34 (Jan)
Neutral Citation: [2013] EWHC 4138 (QB)
Court: Queen's Bench Division
Judge:

Mr Richard Salter QC (Sitting as a Deputy Judge of the Queen's Bench Division)

Representation Adam Solomon (instructed by Field Fisher Waterhouse LLP) for the claimant.
  David Brook (instructed by Penningtons Manches LLP) for the defendants.
Judgment Dates: 20 December 2013

Catchwords

Restraint of trade by agreement - Employer and employee - Construction of covenant - First defendant leaving claimant recruitment agency to join second defendant recruitment agency - Claimant commencing proceedings alleging breach of restrictive covenants in first defendant's contract with claimant - Whether restrictions legally enforceable - Whether and to what extent first defendant in breach - Whether second defendant procuring breaches.

The Case

Restraint of trade by agreement Employer and employee. The first defendant left the claimant recruitment company to work for the second defendant recruitment company. The Queen's Bench Division allowed the claimant's claim for damages arising from the breach of restrictive covenants contained in the first defendant's contract. The restrictions had, subject to severing one phrase from two of the restrictions, been legally enforceable, the first defendant had been in breach and the second defendant had procured those breaches.

Practice Areas

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