restrictive covenants
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Pat Systems v Neilly [2012] EWHC 2609 (QB)
Application to enforce a restrictive covenant, and counterclaim for wrongful dismissal, where the employee had been summarily dismissed after handing in his resignation on the grounds that he had repudiated his contract. The claim failed as the relevant clause was found to be unenforceable and therefore the counterclaim for wrongful dismissal succeeded.
- cases
01/10/2012 10:38
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Case Round-Up: March 2012
In a new monthly piece, Mark Shulman, employment solicitor, picks out some of the key points from the previous month's cases, tackling employment status, jurisdiction and restrictive covenants.
- resources
09/03/2012 08:42
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Caterpillar Logistics Services (UK) Ltd v de Crean [2012] EWCA Civ 156
Appeal against refusal to grant an injunction that sought to prevent a former employee from misusing confidential information. Appeal dismissed.
- cases
24/02/2012 14:48
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Towry EJ Ltd v Bennett & Ors [2012] EWHC 224 (QB)
Judgment arising from litigation where the claimant was seeking damages arising from, among other things, alleged breaches of restrictive covenants, use of confidential information, solicitation and inducement. The defendants counter-alleged that the claimant had made a repudiatory breach of their employment contracts. The claim was dismissed as the judge found that while there had been no repudiatory breach, the claimant had not proved any allegations of wrongful conduct.
- cases
18/02/2012 12:16
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Caterpillar Logistics Services (UK) Ltd v De Crean [2011] EWCA Civ 1671
Application for permission to appeal decision to dismiss a claim, and discharge undertakings, where the applicant employer was seeking to prevent the defendant employee from working on a key agreement with her new employer, who was a customer of the applicant and at the time renegotiating the agreement between them. Permission allowed.
- cases
20/01/2012 13:44
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Customer Systems PLC v Ranson & Ors [2011] EWHC 3304 (QB)
Judgment in claims brought by employer against former employees who left to set up a rival business involving consideration of the whether there had been a breach of fiduciary duty, inducement to breach a contract and the enforceability of restrictive covenants.
- cases
21/12/2011 14:58
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Cartlidge Morland (A Firm) v Thomas [2011] EWHC 2086 (QB)
Judgment concerning scope and enforceability of restrictive covenants where the claimant was seeking to prevent a former employee from dealing with clients he had originally brought to the firm.
- cases
07/10/2011 14:17
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BGC Capital Markets (Switzerland) LLC v Rees & Ors [2001] EWHC 2009 (QB)
Judgment arising from claims for damages where a broker, based in Switzerland, had terminated an existing contract and moved to another broking firm.
- cases
01/08/2011 08:43
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Associated Foreign Exchange Ltd v International Foreign Exchange (UK) Ltd & Anor [2010] EWHC (Ch) 1178
Application to enforce a restrictive covenant, involving consideration of whether the covenant had been breached and whether it was enforceable. An injunction before a trial was refused.
- cases
14/06/2010 12:32
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Phoenix Group Partners LLP v Ayosag [2010] EWHC 846 (QB)
Reasons for discharging an injunction arising from alleged breach of restrictive covenants.
- cases
27/04/2010 14:01
