Category Archives: Employment

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

The recent Court of Appeal decision of Sunrise Brokers LLP v Rodgers is a helpful decision for employers seeking to hold errant employees to their notice periods without having to pay them in circumstances where they are unwilling to work. Rodgers was employed by Sunrise as a UK-based broker on an initial three year fixed-term, … Continue reading Injunction would not have effect of compelling employee to work

In Prophet plc v Huggett the Court of Appeal decided that the High Court should not have read words into and then enforced a post-termination restrictive covenant which, as originally drafted, offered the former employer no protection. The High Court granted an injunction enforcing a non-compete post-termination restrictive covenant which stopped Huggett from joining a … Continue reading High Court should not have read words into badly drafted restrictive covenant

In Capgemini India Private Ltd v Krishnan, former employees of Capgemini, following termination of their employment, gave a contractual undertaking to observe post-termination restrictive covenants set out in their contracts of employment. When Capgemini sought to enforce these restrictive covenants by means of an injunction, the employees argued that the underlying restrictive covenant was actually … Continue reading Injunction to enforce restrictive covenant: relevance of employee undertaking to observe restriction