Dare International Ltd v Stephen Soliman & Anor

Dare International Ltd v Stephen Soliman & Anor

The non-competition covenants are enforceable for 12 months post-termination to protect Dare's confidential information, but not for trade connections or workforce stability. D1 was genuinely sick and unable to work; D2 was not genuinely sick and breached contract and fiduciary duty by failing to work, disclosing confidential information, and preparatory steps for Onyx. Injunctive relief is refused against D1 as Dare has already enjoyed protection; granted against D2 for 12 months plus one month springboard relief. Claims for unjust enrichment are dismissed.

Parties
Claimant: Dare International Ltd; First Defendant: Stephen Soliman; Second Defendant: Ashley Hikmet
Jurisdiction
England and Wales
Judgment Date
02 June 2025
Procedural Posture
Civil / Final Judgment on Liability and Injunctive Relief
Outcome
Judgment for Claimant in part; injunctive relief granted against Second Defendant only.
Legal Topics
Post Termination Restraints, Non Compete Covenants, Springboard Injunctions, Duty of Fidelity, Fiduciary Duties, Unjust Enrichment
Employment Law Contract Law Equity Post Termination Restraints Non Compete Covenants Springboard Injunctions Duty of Fidelity Fiduciary Duties +1 more

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Parties

Dare International Ltd

Claimant

Stephen Soliman

First Defendant

Ashley Hikmet

Second Defendant

Procedural Posture

Civil / Final Judgment on Liability and Injunctive Relief

Legal Issues

  1. 1 Are the post-termination restraints in the employment contracts enforceable?
  2. 2 Did the Defendants breach their contracts or fiduciary duties?
  3. 3 Is Dare entitled to injunctive or springboard relief?

Ratio Decidendi

The non-competition covenants are enforceable for 12 months post-termination to protect Dare's confidential information, but not for trade connections or workforce stability. D1 was genuinely sick and unable to work; D2 was not genuinely sick and breached contract and fiduciary duty by failing to work, disclosing confidential information, and preparatory steps for Onyx. Injunctive relief is refused against D1 as Dare has already enjoyed protection; granted against D2 for 12 months plus one month springboard relief. Claims for unjust enrichment are dismissed.

Court Disposition

Judgment for Claimant in part; injunctive relief granted against Second Defendant only.

Orders

  • No injunctive relief against First Defendant.
  • Second Defendant restrained from working for Onyx until 11 July 2025 under non-competition covenant.