Source: All England Reporter
Publisher Citation: [2014] All ER (D) 237 (Jul)
Neutral Citation: [2014] EWCA Civ 1013
Court: Court of Appeal, Civil Division

Lord Justice Rimer, Lord Justice Lewison and Lord Justice Christopher Clarke

Representation James Laddie QC (instructed by Cummins Solicitors Ltd, Leicester) for the claimant.
  Andrew Burns (instructed by Archon Solicitors Ltd) for the defendant.
Judgment Dates: 22 July 2014


Restraint of trade by agreement - Employer and employee - Construction of covenant - Defendant resigning from employment with claimant company - Claimant seeking injunction against claimant in reliance on restrictive covenant in contract of employment - Judge interpreting covenant and reading words in - Injunction being granted against defendant for one year - Whether judge erring in construction of covenant.

The Case

Restraint of trade by agreement Employer and employee. The claimant sought to invoke a restrictive covenant in the defendant's employment contract following the defendant's resignation to work for another company. The judge, in considering the restrictive covenant had added correcting words and granted the claimant an injunction. The Court of Appeal, Civil Division, discharged the injunction and held that the wording of the restrictive covenant had been clear and had not required additional words to be read in by the judge.

Practice Areas

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