Source: All England Reporter
Publisher Citation: [2012] All ER (D) 138 (Jun)
Court: Queen's Bench Division

Underhill J (judgment delivered extempore)

Representation Michael Taylor (instructed by Patsystems Holdings Ltd) for the employer.
  Daniel Oudkerk QC (instructed by Doyle Clayton) for the employee.
Judgment Dates: 21 June 2012


Restraint of trade by agreement - Employer and employee - Period of restraint - Employee being employed by employer company - Employee's contract containing non-compete clause preventing him from working for competitor for twelve months after termination of employment - Employee leaving employer for competitor - Employer bringing proceedings seeking injunction to enforce non-compete clause - Whether employee's proposed employment in breach of non-compete clause - Whether non-compete clause justified.

The Case

Restraint of trade by agreement Employer and employee. The Queen's Bench Division dismissed the employer company's claim for an injunction preventing the employee from working for a competitor company as the non-compete clause was not justified.

Practice Areas

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