Romero Insurance Brokers Ltd v Templeton & Anor [2013] EWHC 1198 (QB) (10 May 2013)

Romero Insurance Brokers Ltd v Templeton & Anor [2013] EWHC 1198 (QB) (10 May 2013)

Romero did not repudiate Mr Templeton's contract; there was no constructive dismissal. The 12-month restrictive covenant was reasonable and enforceable to protect Romero's client connections. No misuse of confidential information was established. Romero is entitled to injunctive relief and damages for breach of covenant.

Citation
[2013] EWHC 1198
Parties
Claimant: Romero Insurance Brokers Limited; First Defendant: Andrew Templeton; Second Defendant: Eastwood & Partners Limited
Jurisdiction
England and Wales
Judgment Date
10 May 2013
Procedural Posture
Civil (employment/contract) / Judgment After Trial
Outcome
Claimant succeeded in establishing enforceability of the restrictive covenant; no constructive dismissal found; injunction and damages granted subject to further submissions on quantum.
Legal Topics
Constructive Dismissal, Restrictive Covenants, Restraint of Trade, Confidential Information, Injunctions, Damages
Employment Law Contract Law Restrictive Covenants Constructive Dismissal Restraint of Trade Confidential Information Injunctions Damages

Case Brief

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Parties

Romero Insurance Brokers Limited

Claimant

Andrew Templeton

First Defendant

Eastwood & Partners Limited

Second Defendant

Procedural Posture

Civil (employment/contract) / Judgment After Trial

Legal Issues

  1. 1 Whether Romero's conduct amounted to constructive dismissal of Mr Templeton
  2. 2 Whether Mr Templeton removed and misused confidential information
  3. 3 Whether the 12-month restrictive covenant was enforceable

Ratio Decidendi

Romero did not repudiate Mr Templeton's contract; there was no constructive dismissal. The 12-month restrictive covenant was reasonable and enforceable to protect Romero's client connections. No misuse of confidential information was established. Romero is entitled to injunctive relief and damages for breach of covenant.

Court Disposition

Claimant succeeded in establishing enforceability of the restrictive covenant; no constructive dismissal found; injunction and damages granted subject to further submissions on quantum.

Orders

  • Injunction granted to enforce the restrictive covenant for the remainder of the 12-month period.
  • Damages to be assessed at a later hearing, with Romero to pay defendants' costs of assessment unless an offer of settlement changes cost liability.