||All England Reporter
|| All ER (D) 355 (Nov)
Sir Donald Rattee
||Andrew Hillier QC and Justin Turner (instructed by Wragge & Co) for the claimant.
||Michael Supperstone QC and Thomas Mitcheson (instructed by Hammonds) for the defendant.
||25 November 2005
Employment - Contract of employment - Restrictive covenant - Non-compete clause - Whether court should order injunctive and declarative relief sought.
Once it was established that a restrictive covenant, such as that at issue in the instant case, was valid and unenforceable, then, whether or not it could be shown that the covenantee had suffered damage as a result of any breach of the covenant, the court should normally exercise its discretion to grant an injunction for its enforcement.
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