Cheshire Estate & Legal Limited v Thomas Oliver Blanchfield & Ors

Cheshire Estate & Legal Limited v Thomas Oliver Blanchfield & Ors

The respondents' preparatory steps did not amount to a breach of fiduciary or statutory duties, nor breach of contract or restrictive covenants, as their intention to compete was not irrevocable until shortly before resignation, no clients or business were solicited, and no confidential information was misused; no loss or damage to CEL was established, and injunctive relief was not justified.

Parties
Appellant/claimant: Cheshire Estate & Legal Limited; Respondent/defendant: Thomas Oliver Blanchfield; Respondent/defendant: Mark Montaldo; Respondent/defendant: MTCC Solutions Limited
Jurisdiction
England and Wales
Judgment Date
11 May 2024
Procedural Posture
Civil Appeal / Appeal Judgment
Outcome
Appeal dismissed
Legal Topics
Fiduciary Duties, Restrictive Covenants, Springboard Injunctions, Breach of Contract, Conspiracy, Confidential Information
Company Law Employment Law Equity Fiduciary Duties Restrictive Covenants Springboard Injunctions Breach of Contract Conspiracy +1 more

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Parties

Cheshire Estate & Legal Limited

Appellant/claimant

Thomas Oliver Blanchfield

Respondent/defendant

Mark Montaldo

Respondent/defendant

MTCC Solutions Limited

Respondent/defendant

Procedural Posture

Civil Appeal / Appeal Judgment

Legal Issues

  1. 1 Whether directors breached fiduciary and statutory duties by preparatory steps to set up a competing business before resignation
  2. 2 Whether respondents breached restrictive covenants in consultancy agreements
  3. 3 Whether respondents conspired with MTCC to injure CEL by unlawful means

Ratio Decidendi

The respondents' preparatory steps did not amount to a breach of fiduciary or statutory duties, nor breach of contract or restrictive covenants, as their intention to compete was not irrevocable until shortly before resignation, no clients or business were solicited, and no confidential information was misused; no loss or damage to CEL was established, and injunctive relief was not justified.

Court Disposition

Appeal dismissed

Orders

  • Appeal dismissed
  • CEL to pay costs of proceedings as ordered by trial judge