Ward Evans Financial Services Ltd v Fox & Anor [2001] EWCA Civ 48 (24 January 2001)

Ward Evans Financial Services Ltd v Fox & Anor [2001] EWCA Civ 48 (24 January 2001)

There is a real prospect of success in arguing that the employee, while still employed, used confidential information and opportunity provided by his employment to serve his own interests and those of his new company, potentially breaching the restrictive covenants even absent explicit solicitation.

Citation
[2001] EWCA Civ 48
Parties
Claimant/applicant: Ward Evans Financial Services Ltd; Defendant/respondent: Iain Douglas Fox; Defendant/respondent: Alan Russell Phillips
Jurisdiction
England and Wales
Judgment Date
24 January 2001
Procedural Posture
Civil Appeal / Renewed Application for Permission to Appeal and Extension of Time
Outcome
Permission to appeal and extension of time granted
Legal Topics
Breach of Contract, Confidential Information, Restrictive Covenants, Post Employment Obligations
Employment Law Contract Law Breach of Contract Confidential Information Restrictive Covenants Post Employment Obligations

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Parties

Ward Evans Financial Services Ltd

Claimant/applicant

Iain Douglas Fox

Defendant/respondent

Alan Russell Phillips

Defendant/respondent

Procedural Posture

Civil Appeal / Renewed Application for Permission to Appeal and Extension of Time

Legal Issues

  1. 1 Whether the defendants breached express covenants regarding confidential information and solicitation under the employment contract and Trust and Confidence Agreement
  2. 2 Proper construction of 'induce' in clause 4.3 of the Trust and Confidence Agreement
  3. 3 Whether the use of confidential information and opportunity by the employee constituted a breach while still employed

Ratio Decidendi

There is a real prospect of success in arguing that the employee, while still employed, used confidential information and opportunity provided by his employment to serve his own interests and those of his new company, potentially breaching the restrictive covenants even absent explicit solicitation.

Court Disposition

Permission to appeal and extension of time granted

Orders

  • Permission to appeal granted
  • Extension of time for appealing granted