header-logo header-logo

Court of Appeal weighs in on non-compete clauses & interim injunctions

03 November 2023 / Caroline Field
Issue: 8047 / Categories: Features , Employment , Competition
printer mail-detail
145196
Caroline Field covers recent developments in the use of non-compete clauses to control ex-employees
  • Rare Court of Appeal consideration of approach to obtaining interim injunctive relief in relation to non-compete covenants.
  • Considers the extent to which the court should grapple with meaning and merits, impact of damages as an adequate remedy for the parties and the effect of delay on grant of interim injunctive relief.
  • Caselaw demonstrates flexible approach to fact sensitive cases, which may be difficult to replicate by proposed statutory intervention.

It is a rare treat for those employee competition law geeks among us to have the benefit of the Court of Appeal’s input in the context of obtaining interim injunctive relief. In Planon Limited v Gilligan [2022] EWCA Civ 642 and Boydell v NZP Ltd and others [2023] EWCA Civ 373, the appellate court shared its approach to elements of the test for granting injunctive relief laid down in American Cyanamid Co v Ethicon Ltd [1975] AC 396 and other procedural matters

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Gilson Gray—Linda Pope

Gilson Gray—Linda Pope

Partner joins family law team inLondon

Jackson Lees Group—five promotions

Jackson Lees Group—five promotions

Private client division announces five new partners

Taylor Wessing—Max Millington

Taylor Wessing—Max Millington

Banking and finance team welcomes partner in London

NEWS
The landmark Supreme Court’s decision in Johnson v FirstRand Bank Ltd—along with Rukhadze v Recovery Partners—redefine fiduciary duties in commercial fraud. Writing in NLJ this week, Mary Young of Kingsley Napley analyses the implications of the rulings
Barristers Ben Keith of 5 St Andrew’s Hill and Rhys Davies of Temple Garden Chambers use the arrest of Simon Leviev—the so-called Tinder Swindler—to explore the realities of Interpol red notices, in this week's NLJ
Mazur v Charles Russell Speechlys [2025] has upended assumptions about who may conduct litigation, warn Kevin Latham and Fraser Barnstaple of Kings Chambers in this week's NLJ. But is it as catastrophic as first feared?
Lord Sales has been appointed to become the Deputy President of the Supreme Court after Lord Hodge retires at the end of the year
Limited liability partnerships (LLPs) are reportedly in the firing line in Chancellor Rachel Reeves upcoming Autumn budget
back-to-top-scroll