Source: | All England Reporter |
Publisher Citation: | [2014] All ER (D) 163 (Jul) |
Neutral Citation: | [2014] EWHC 2313 (Ch) |
Court: | Chancery Division |
Judge: | 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 |
Catchwords
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
Lexis®Library
- An Official transcript is the final version of the judgment prepared by shorthand writers. LexisLibrary contains all judgments from the High Court and aboveView Judgment
- Commentary discussing this particular case from LexisLibrary's comprehensive range of titles including Butterworths, Halsbury's and TolleyView related commentary
- The All England Law Reports comprises judgments with headnotes and catchwords indicating the area of law and key issues of the case prepared by legally qualified editorsFind AllER Reports
- Cases related to this particular case that are related to, or discuss this caseView related cases