Romero Insurance Brokers Ltd v Templeton & Anor

Romero Insurance Brokers Ltd v Templeton & Anor

There was no constructive dismissal as Romero's consultation process was genuine and not a sham; the 12-month restrictive covenant was reasonable and enforceable; Mr Templeton did not remove or misuse confidential documents; Romero was entitled to injunctive relief and damages for breach of the covenant.

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
Employment/commercial / Judgment After Trial
Outcome
Claim allowed in part; restrictive covenant upheld; damages to be assessed; injunctive relief appropriate subject to further submissions.
Legal Topics
Constructive Dismissal, Restrictive Covenants in Employment, Breach of Contract, Confidential Information, Damages, Injunctions
Employment Law Contract Law Restrictive Covenants Constructive Dismissal Restrictive Covenants in Employment Breach of Contract Confidential Information Damages +1 more

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Parties

Romero Insurance Brokers Limited

Claimant

Andrew Templeton

First Defendant

Eastwood & Partners Limited

Second Defendant

Procedural Posture

Employment/commercial / 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 documents
  3. 3 Whether the 12-month restrictive covenant was enforceable

Ratio Decidendi

There was no constructive dismissal as Romero's consultation process was genuine and not a sham; the 12-month restrictive covenant was reasonable and enforceable; Mr Templeton did not remove or misuse confidential documents; Romero was entitled to injunctive relief and damages for breach of the covenant.

Court Disposition

Claim allowed in part; restrictive covenant upheld; damages to be assessed; injunctive relief appropriate subject to further submissions.

Orders

  • Romero entitled to damages for breaches of the covenant by Mr Templeton, quantum to be assessed in separate proceedings at Romero's expense.
  • Romero entitled to injunctive relief for the remainder of the 12-month period, subject to further submissions on client evidence.