Boxxer Limited v John Wischhusen

Boxxer Limited v John Wischhusen

The claimant established a serious issue to be tried regarding the defendant's contractual obligations and alleged breaches. Damages would not be an adequate remedy for the claimant due to the risk of irremediable harm to its business, reputation, and relationships, while damages would be adequate for the defendant, who will continue to be paid. The balance of convenience favours granting the injunction, and the defendant's compromise offer is insufficient to protect the claimant's interests pending trial.

Parties
Claimant/applicant: Boxxer Limited; Defendant/respondent: John Wischhusen
Jurisdiction
England and Wales
Judgment Date
19 September 2025
Procedural Posture
Civil (employment/commercial) / Interim Injunction Application (pre Trial)
Outcome
Interim injunction granted in favour of the claimant.
Legal Topics
Interim Injunctions, Restrictive Covenants, Breach of Contract, Employee Competition, Adequacy of Damages
Employment Law Contract Law Commercial Law Interim Injunctions Restrictive Covenants Breach of Contract Employee Competition Adequacy of Damages

Case Brief

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Parties

Boxxer Limited

Claimant/applicant

John Wischhusen

Defendant/respondent

Procedural Posture

Civil (employment/commercial) / Interim Injunction Application (pre Trial)

Legal Issues

  1. 1 Whether the claimant is entitled to an interim injunction restraining the defendant from working for a competitor or potential competitor pending trial
  2. 2 Whether the terms of the draft consultancy agreement are enforceable
  3. 3 Whether damages would be an adequate remedy for either party

Ratio Decidendi

The claimant established a serious issue to be tried regarding the defendant's contractual obligations and alleged breaches. Damages would not be an adequate remedy for the claimant due to the risk of irremediable harm to its business, reputation, and relationships, while damages would be adequate for the defendant, who will continue to be paid. The balance of convenience favours granting the injunction, and the defendant's compromise offer is insufficient to protect the claimant's interests pending trial.

Court Disposition

Interim injunction granted in favour of the claimant.

Orders

  • The defendant is restrained, until trial or further order, from contacting any boxer or their representatives in relation to boxing-related activity other than for the claimant's benefit; from engaging in work for or on behalf of any boxing-related venture other than the claimant; from contacting claimant's...