Source: All England Reporter
Publisher Citation: [2012] All ER (D) 151 (Oct)
Neutral Citation: [2012] EWHC 2830 (Ch)
Court: Chancery Division
Judge:

Hilyard J

Representation Stuary Benzie (instructed by Freeth Cartwright LLP) for the employers.
  James Laddie QC (instructed by Ford & Warren) for the defendants.
Judgment Dates: 16 October 2012

Catchwords

Employment - Contract of employment - Implied acceptance - Post-termination restrictions - Misuse of information - First and second defendants being former employees of first and second claimant companies (employers) - Employers bringing claim alleging misuse of confidential information by first and second defendant - Judge granting injunctive relief against first defendant - Preliminary issue arising as to whether first defendant bound by post-termination restrictions contained in contract in 2009 (2009 contract) which first defendant never signed - Initial contract not containing post termination restrictions - Whether implied acceptance of 2009 contract - Whether first defendant being bound by 2009 contract.

The Case

Employment Contract of employment. The first and second defendants were former employees of the first and second claimant companies (the employers). The employers brought a claim against them alleging misuse of confidential information whilst employed with them. A preliminary issue arose as to whether, by implied acceptance, the first defendant was bound by post termination restrictions in a contract which had been given to him following a promotion, which he had read but had not signed, by virtue of his application for benefits arising under that contract. The Chancery Division answered in the affirmative.

Practice Areas

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