One Step (Support) Ltd v Morris -Garner & Anor [2014] EWHC 2213 (QB) (07 July 2014)

One Step (Support) Ltd v Morris -Garner & Anor [2014] EWHC 2213 (QB) (07 July 2014)

The defendants breached enforceable non-compete and non-solicitation covenants by operating Positive Living in material competition with One Step and soliciting significant clients in West London and Thames Valley. The covenants were reasonable and enforceable, including against the second defendant. Positive Living's services overlapped with One Step's, and the distinction based on registration for personal care did not preclude competition. The Midlands business did not breach the covenants as One Step's plans there were not in an advanced state of preparation.

Citation
[2014] EWHC 2213
Parties
Claimant: One Step (Support) Limited; First Defendant: Karen Morris-Garner; Second Defendant: Andrea Morris-Garner
Jurisdiction
England and Wales
Judgment Date
07 July 2014
Procedural Posture
Civil Breach of Contract/restrictive Covenants / Judgment on Liability and Entitlement to Remedies, Quantum Reserved
Outcome
Defendants found liable for breach of non-compete and non-solicitation covenants; remedies to be determined at a later stage.
Legal Topics
Restrictive Covenants, Non Compete Clauses, Non Solicitation Clauses, Confidential Information, Restraint of Trade, Goodwill Protection
Contract Law Employment Law Commercial Law Restrictive Covenants Non Compete Clauses Non Solicitation Clauses Confidential Information Restraint of Trade +1 more

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Parties

One Step (Support) Limited

Claimant

Karen Morris-Garner

First Defendant

Andrea Morris-Garner

Second Defendant

Procedural Posture

Civil Breach of Contract/restrictive Covenants / Judgment on Liability and Entitlement to Remedies, Quantum Reserved

Legal Issues

  1. 1 Whether the defendants breached non-compete and non-solicitation covenants
  2. 2 Whether the covenants were reasonable and enforceable, particularly against the second defendant
  3. 3 Whether Positive Living was in material competition with One Step

Ratio Decidendi

The defendants breached enforceable non-compete and non-solicitation covenants by operating Positive Living in material competition with One Step and soliciting significant clients in West London and Thames Valley. The covenants were reasonable and enforceable, including against the second defendant. Positive Living's services overlapped with One Step's, and the distinction based on registration for personal care did not preclude competition. The Midlands business did not breach the covenants as One Step's plans there were not in an advanced state of preparation.

Court Disposition

Defendants found liable for breach of non-compete and non-solicitation covenants; remedies to be determined at a later stage.

Orders

  • Declaration of liability for breach of restrictive covenants
  • Quantum of remedy to be determined in subsequent proceedings