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)

The court found no constructive dismissal as Romero's redundancy consultation was genuine and not a sham; the 12 month restrictive covenant was reasonable and enforceable to protect Romero's client connections; there was no misuse of confidential information by Mr Templeton.

Citation
[2013] EWHC 1198 (QB)
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 / Judgment After Trial
Outcome
Claimant succeeded in establishing enforceability of the restrictive covenant; no finding of constructive dismissal; damages to be assessed; injunction appropriate subject to further submissions.
Legal Topics
Constructive Dismissal, Restrictive Covenants, Restraint of Trade, Confidential Information, Damages, Injunctions
Employment Law Contract Law Restrictive Covenants Constructive Dismissal Restraint of Trade Confidential Information Damages Injunctions

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 4 Authorities cited 6 Party arguments 2 Amounts and remedies 2
Sign in to unlock

Parties

Romero Insurance Brokers Limited

Claimant

Andrew Templeton

First Defendant

Eastwood & Partners Limited

Second Defendant

Procedural Posture

Civil / 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

The court found no constructive dismissal as Romero's redundancy consultation was genuine and not a sham; the 12 month restrictive covenant was reasonable and enforceable to protect Romero's client connections; there was no misuse of confidential information by Mr Templeton.

Court Disposition

Claimant succeeded in establishing enforceability of the restrictive covenant; no finding of constructive dismissal; damages to be assessed; injunction appropriate subject to further submissions.

Orders

  • Declaration that the restrictive covenant is enforceable
  • Damages to be assessed at a later hearing at Romero's expense