Source: All England Reporter
Publisher Citation: [2001] All ER (D) 355 (Dec)
Court: Chancery Division

Blackburne J

Representation Monica Carss-Frisk QC and Thomas Croxford (instructed by Richards Butler) for the claimant.
  Andrew Stafford QC (instructed by Stephenson Harwood) for the first defendant.
Judgment Dates: 21 December 2001


Practice - Order - Consent order - Jurisdiction - Claimant obtaining springboard injunction against defendants as a result of misuse of claimant's confidential information - Order made by consent - First defendant applying to vary paragraph of consent order - First defendant contending paragraph in unlawful restraint of trade - Whether court having jurisdiction to vary order.

The Case

The jurisdiction to vary a consent order, whether interim or final, extending to discharging a term, which was as a matter of general law, was void and therefore unenforceable, such as a term which was in unlawful restraint of trade, while leaving the remainder of the order in force.

Practice Areas

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