Source: All England Reporter
Publisher Citation: [2016] All ER (D) 77 (Sep)
Neutral Citation: [2016] EWHC 2319 (QB)
Court: Queen's Bench Division

Martin Chamberlain QC sitting as a Deputy Judge of the High Court

Representation Nick De Marco (instructed by DWL LLP) for the claimants.
  Chris Quinn (instructed by Wright Hassall LLP) for the defendants.
Judgment Dates: 21 September 2016


Injunction - Contract for personal services - Breach of restrictive covenant - Claimants seeking interim relief for alleged breaches by self-employed defendants of restrictive covenants in consultancy agreements - Whether court joining additional 22 defendants - Whether undertakings excluding certain customers - Whether claimants entitled to prevent disclosure of and seeking delivery up of customer lists and any information contained and derived therein - Whether defendants should be providing witness statements detailing recent conduct - Whether issues at speedy trial should include whether defendants breaching covenants.

The Case

Injunction Contract for personal services. The Queen's Bench Division held that interim relief would be granted in a case where the defendant advisers were alleged to have breached restrictive covenants contained in their consultancy agreements. Among other things, the claimants were entitled to undertakings which prevented disclosure of, and required delivery up of, the claimants' confidential customer lists, and the issues at the speedy trial were to include the question of whether the defendants had breached the covenants, as well as the question of their enforceability. However, the defendants were not, at that stage, required to provide witness statements setting out their recent conduct, and the court declined to grant the defendants' application to join a further 22 advisers as additional defendants to the claim.

Practice Areas

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