Source: All England Reporter
Publisher Citation: [2014] All ER (D) 163 (Jul)
Neutral Citation: [2014] EWHC 2313 (Ch)
Court: Chancery Division

Mr Justice Henderson

Representation Jason Evans-Tovey and Victoria Wakefield (instructed by Field Fisher Waterhouse LLP) for Carewatch.
  Brie Stevens-Hoare QC and Aidan Robertson QC (instructed by Hamilton Pratt) for the defendants.
Judgment Dates: 11 July 2014


Restraint of trade by agreement - Employer and employee - Construction of covenant - Claimant company providing care services - Claimant allowing defendants to operate franchise - Dispute arising, following defendants operating separate company with overlapping functions to franchise - Claimant alleging breach of covenants - Whether repudiatory breach existing on part of claimants - Whether covenants being valid and enforceable.

The Case

Restraint of trade by agreement Employer and employee. The claimant company provided care services. It allowed the defendants to operate a franchise, which became successful. A dispute arose, following the defendants operating a separate company with overlapping functions to the franchise. The Chancery Division held that there had been no repudiatory breach on the part of the claimants, and that four covenants, which the claimant alleged that the defendants had breached, were valid and enforceable.

Practice Areas

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