Source: All England Reporter
Publisher Citation: [2005] All ER (D) 355 (Nov)
Court: Chancery Division

Sir Donald Rattee

Representation 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.
Judgment Dates: 25 November 2005


Employment - Contract of employment - Restrictive covenant - Non-compete clause - Whether court should order injunctive and declarative relief sought.

The Case

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.

Practice Areas

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