Category Archives: Employment

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

In Petter v EMC Corporation [2015] EWCA Civ 828, the Court of Appeal has granted an anti-suit injunction to prevent an employee being sued in a foreign court by an associated company of his employer, despite the employee having agreed to that court having exclusive jurisdiction. The Court of Appeal followed its previous decision in … Continue reading Court of Appeal grants anti-suit injunction to prevent an employee being sued in a foreign court

In Allfiled UK Ltd v Eltis and others, the High Court granted a bespoke interim injunction to protect confidential information and intellectual property.  In doing so, it considered the application of the American Cyanamid test where it was argued that the grant of an interim injunction would effectively dispose of the action. Facts The applicant … Continue reading Bespoke interim injunction to protect confidential information and IP

In Petter v EMC Europe Ltd and another, Mr Justice Cooke refused to grant an anti-suit injunction restraining the defendant from continuing proceedings before the US court, even though he found that the English court also had jurisdiction over the dispute under the provisions relating to employment contracts in the Recast Brussels Regulation. The facts … Continue reading Court refuses anti-suit injunction to restrain US proceedings where English court also has jurisdiction under Recast Brussels Regulation

In BUQ v HRE, Mr Justice Warby granted the claimant summary judgment and a permanent injunction prohibiting the disclosure of private information even though a cross-application to commit the claimant for contempt of court was to be determined at a later date. Facts The claimant was the CEO of a large group of companies and … Continue reading Summary judgment and permanent injunction granted prohibiting the disclosure of private information despite cross-application for contempt to be determined at a later date