Source: All England Reporter
Publisher Citation: [2012] All ER (D) 57 (Dec)
Neutral Citation: [2012] Lexis Citation 104
Court: Queen's Bench Division, Mercantile Court
Judge:

Judge Simon Brown QC

Judgment Dates: 15 August 2012

Catchwords

Contract - Damages for breach - Restrictive covenant - Claimant company employing first defendant as security guard or door supervisor - Restrictive covenant prohibiting employee from soliciting business which could have been undertaken by company - First defendant being made redundant - Company losing customers to second defendant company - Claimant alleging first defendant being directing mind of second defendant - Claimant bringing proceedings against first defendant for breach of restrictive covenant - Whether claim being established

The Case

Contract Damages for breach. The Mercantile Court of the Queens Bench Division held that the first defendant, a former employee and director of the claimant company, was in breach of a restrictive covenant and of his fiduciary duty as a director of the company after five customers left the company in favour of obtaining security services from the second defendant company, which was controlled by the first defendant.

Practice Areas

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