Source: All England Reporter
Publisher Citation: [2014] All ER (D) 101 (Jan)
Neutral Citation: [2014] EWHC 2 (Ch)
Court: Chancery Division, Leeds District Registry

Judge Behrens (Sitting as a Judge of the High Court in Leeds)

Representation David Uff (instructed by Abbey Solicitors) for DMS.
  James Boyd (instructed by AWB Charlesworth LLP) for G, S and the fifth defendant.
Judgment Dates: 16 January 2014


Practice - Summary judgment - Entitlement to summary judgment - Relief from sanctions - Claimant seeking summary judgment on claim alleging breach of defendants' employment contracts and of their fiduciary duties - Claimant relying on restraint of trade clause in contract of first defendant and on implied terms in contract of second defendant - Claimant seeking declaration that defences struck out due to defendants' failure to comply with unless order - Whether summary judgment to be granted - Whether declaration to be granted.

The Case

Practice Summary judgment. The claimant sought summary judgment against the defendants in respect of its claim for breach of their employment contracts and breach of fiduciary obligations. It also sought a declaration that the defences had been struck out as a result of a breach of an unless order made in the case. The Chancery Division, in refusing the applications, held that there were triable issues which should be determined at trial and that it was far from obvious from patent deficiencies in the disclosure list that it had been prepared in apparent but not real compliance with the obligation to give discovery.

Practice Areas

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