Category Archives: Employment

In Western Avenue Properties Ltd & another v (1) Sadhanh Soni (2) Denning Sotomayor Ltd [2017] EWHC 2650 (QB) the claimants were granted an injunction to prevent their former in-house lawyer from acting for another party who had an interest adverse to the claimants in order to avoid the risk that confidential information might be … Continue reading Injunction prevents former in-house lawyer from acting for a new law firm in a case involving their former employer

In Thomas Cook Airlines Ltd v British Airline Pilots Association the court refused to grant an interim injunction preventing strike action by a trade union. The British Airline Pilots Association (“BALPA”) were in a dispute with Thomas Cook Airlines Ltd (“Thomas Cook”) over the pay and conditions of the pilots it employed. BALPA union members … Continue reading Interim injunction preventing pilots’ strike refused

In MTP Group Ltd v Peel and others the court dismissed (i) an application for a springboard injunction to prevent the defendants gaining a competitive advantage through dealing or contracting with particular customers; and (ii) a permanent injunction that sought to enforce the defendant’s confidentiality obligations to prevent the alleged misuse of confidential information. The … Continue reading High Court dismisses springboard injunction application in breach of confidentiality claim

The Inner House recently set out that the first and most important consideration in determining whether to grant interim interdict (injunction) is whether the party seeking interdict has made a prima facie case of entitlement to that remedy. (Co-authored with Lorraine Walkinshaw) Interim Interdict The criteria for the grant of interim interdict is set down … Continue reading Reconsideration of first principles: Interdict applications in Scotland

In Govia GTR Railway Limited v The Associated Society of Locomotive Engineers and Firemen, the Court of Appeal (“CA”) upheld the High Court’s decision to reject an application by GTR, the owners of the franchise running Southern Rail, for an interlocutory injunction to prevent ASLEF, the train driver’s union, from calling strike action for a … Continue reading Court of Appeal rejects interim injunction application to prevent Southern Rail strikes on the grounds they would breach European law

A judgment in the claim of Affinity Financial Awareness Ltd and anr v Ferguson and ors tantalisingly suggests that we may finally have a decision on enforceability of post-termination restrictive covenants against self-employed contractors.  The full hearing is listed for November 2016 and, absent pre-trial settlement within the next month, the court’s decision may prove … Continue reading Potential for clarity on enforceability of post-termination restrictions against consultants

An employment tribunal may make an order preventing or restricting the public disclosure of any aspect of proceedings so far as it considers necessary in the interests of justice in order to protect the rights of relevant individuals under the European Convention on Human Rights – in the case below, the right to respect for … Continue reading EAT examines effect of restricted reporting order following withdrawal of claim

On 12 February 2016, the Court of Appeal considered an appeal against an injunction enforcing a negative obligation, and expressed doubts about applying the guidance on the discretionary exercise involved in deciding whether or not to grant an injunction given by the Supreme Court in Coventry (t/a RDC Promotions) v Lawrence [2014] UKSC 13. D … Continue reading Court of Appeal considers extent of judicial discretion when awarding damages in lieu of an injunction

On Thursday 4 February, Olswang hosted a cross-disciplinary seminar, chaired by High Court judge, Mr Justice Birss, on the changing face of injunctions in the age of the internet and mass data. With contributions from experts in intellectual property, digital litigation, commercial litigation and employment law, the discussion covered a range of new developments, with … Continue reading Injunctions in the digital age

In One Money Mail Ltd v Ria Financial Services and another [2015] EWCA Civ 1084, the Court of Appeal helpfully restated the test for enforceability of pre-termination restraints of trade and concluded that a third-party competitor had tortiously induced breach of such a restraint. This agency dispute set in agricultural Herefordshire provided fertile ground for … Continue reading Court of Appeal restates test for enforceability of pre-termination restraints of trade and finds tortiously induced breach