Team Tours Direct Ltd v Aspire Sports Tours Ltd & Anor [2018] EWHC 1541 (QB) (19 June 2018)

Team Tours Direct Ltd v Aspire Sports Tours Ltd & Anor [2018] EWHC 1541 (QB) (19 June 2018)

Mr Sharpe breached his employment contract by copying and retaining confidential information, using it to solicit TTD's customers and suppliers within the restricted period, and by failing to return all company property. The restrictive covenants were reasonable and enforceable. Mr Sharpe's conduct amounted to gross misconduct justifying summary dismissal. TTD was entitled to compensatory damages for proven losses but not for speculative or unsubstantiated claims.

Citation
[2018] EWHC 1541 (QB)
Parties
Claimant: Team Tours Direct Limited; First Defendant: Aspire Sports Tours Limited; Second Defendant: Robin Sharpe
Jurisdiction
England and Wales
Judgment Date
19 June 2018
Procedural Posture
Commercial Breach of Contract and Confidential Information Misuse / High Court Trial Judgment
Outcome
Claim allowed in part; counterclaim dismissed.
Legal Topics
Breach of Contract, Restrictive Covenants, Confidential Information, Wrongful Dismissal, Damages, Copyright Infringement
Employment Law Contract Law Intellectual Property Commercial Law Breach of Contract Restrictive Covenants Confidential Information Wrongful Dismissal +2 more

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Parties

Team Tours Direct Limited

Claimant

Aspire Sports Tours Limited

First Defendant

Robin Sharpe

Second Defendant

Procedural Posture

Commercial Breach of Contract and Confidential Information Misuse / High Court Trial Judgment

Legal Issues

  1. 1 Whether Mr Sharpe breached his employment contract by misusing confidential information and breaching restrictive covenants
  2. 2 Whether Mr Sharpe wrongfully retained or used TTD's property and information
  3. 3 Whether the restrictive covenants were enforceable

Ratio Decidendi

Mr Sharpe breached his employment contract by copying and retaining confidential information, using it to solicit TTD's customers and suppliers within the restricted period, and by failing to return all company property. The restrictive covenants were reasonable and enforceable. Mr Sharpe's conduct amounted to gross misconduct justifying summary dismissal. TTD was entitled to compensatory damages for proven losses but not for speculative or unsubstantiated claims.

Court Disposition

Claim allowed in part; counterclaim dismissed.

Orders

  • Mr Sharpe and AST to pay compensatory damages to TTD for breach of contract and misuse of confidential information.
  • Counterclaim for wrongful dismissal dismissed.