Source: All England Reporter
Publisher Citation: [2016] All ER (D) 205 (Mar)
Neutral Citation: [2016] EWCA Civ 180
Court: Court of Appeal, Civil Division

Longmore, Christopher Clarke and King LJJ

Representation Craig Orr QC and Mehdi Baiou (instructed by Pitmans LLP) for One Step.
  Stephen Knafler QC and Charles Béar QC (instructed by Neves Solicitors LLP) for the defendants.
Judgment Dates: 22 March 2016


Restraint of trade by agreement - Employer and employee - Breach - Defendants entering into deeds with claimant company - Deeds containing, among other things, certain non-compete and non-solicitation covenants - Claimant alleging breach of covenants - Among other things, judge finding defendants breaching non-compete and non-solicitation covenants - Judge finding it being just for claimant to have option of recovering damages in amount which might reasonably be demanded for releasing defendants from covenants - Whether judge erring.

The Case

Restraint of trade by agreement Employer and employee. The Court of Appeal, Civil Division, dismissed the defendants' appeal in respect of the judge's findings of breaches of non-compete and non-solicitation covenants in the sale of a business providing 'supported living' services for children leaving care and vulnerable adults. Further, it upheld the judge's conclusion that an award of damages on the Wrotham Park basis (see Wrotham Park Estate Co Ltd v Parkside Homes Ltd[) was the just response in the present case.

Practice Areas

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