Symbian Ltd v Christensen [2000] EWCA Civ 517 (24 May 2000)

Symbian Ltd v Christensen [2000] EWCA Civ 517 (24 May 2000)

Clause 4.3 of the employment contract remains enforceable during the garden leave period, and an injunction restraining Mr Christensen from working for Microsoft until expiry of the notice period is justified to protect Symbian's legitimate interests and does not constitute an unreasonable restraint of trade. The Vice-Chancellor properly exercised judicial discretion in granting the injunction.

Citation
[2000] EWCA Civ 517
Parties
Claimant/respondent: Symbian Limited; Defendant/appellant: Juha Christen Christensen
Jurisdiction
England and Wales
Judgment Date
24 May 2000
Procedural Posture
Appeal From Chancery Division (interlocutory Injunction) / Application for Permission to Appeal And, If Granted, Substantive Appeal
Outcome
Appeal dismissed; permission to appeal refused
Legal Topics
Restrictive Covenants, Garden Leave, Restraint of Trade, Injunctions, Employment Contracts
Employment Law Contract Law Restrictive Covenants Garden Leave Restraint of Trade Injunctions Employment Contracts

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Parties

Symbian Limited

Claimant/respondent

Juha Christen Christensen

Defendant/appellant

Procedural Posture

Appeal From Chancery Division (interlocutory Injunction) / Application for Permission to Appeal And, If Granted, Substantive Appeal

Legal Issues

  1. 1 Whether clause 4.3 of the employment contract can be enforced by injunction during a garden leave period to restrain the employee from working for a competitor
  2. 2 Whether enforcement of clause 4.3 constitutes an unreasonable restraint of trade
  3. 3 Whether the court should limit the injunction to the scope of clause 15.4.6

Ratio Decidendi

Clause 4.3 of the employment contract remains enforceable during the garden leave period, and an injunction restraining Mr Christensen from working for Microsoft until expiry of the notice period is justified to protect Symbian's legitimate interests and does not constitute an unreasonable restraint of trade. The Vice-Chancellor properly exercised judicial discretion in granting the injunction.

Court Disposition

Appeal dismissed; permission to appeal refused

Orders

  • Application for permission to appeal dismissed
  • Injunction granted by the Vice-Chancellor remains in force