Le Puy Ltd v Potter & Anor [2015] EWHC 193 (QB) (02 February 2015)

Le Puy Ltd v Potter & Anor [2015] EWHC 193 (QB) (02 February 2015)

There is a serious question to be tried as to whether the defendant is bound by the alleged contract and whether the restrictive covenants and confidentiality provisions are enforceable; damages would not be an adequate remedy for the claimant; the balance of convenience favours granting the injunction pending a speedy trial.

Citation
[2015] EWHC 193
Parties
Claimant: Le Puy Limited; First Defendant: Christopher Alan Potter; Second Defendant: Abstract Recruitment Limited
Jurisdiction
England and Wales
Judgment Date
02 February 2015
Procedural Posture
Interim Injunction Application in Employment Dispute / Application to Continue Interim Injunction Pending Speedy Trial
Outcome
Interim injunction granted pending speedy trial; directions for speedy trial ordered; costs reserved.
Legal Topics
Restrictive Covenants, Confidential Information, Interim Injunctions, Restraint of Trade, Constructive Dismissal
Employment Law Contract Law Restrictive Covenants Confidential Information Interim Injunctions Restraint of Trade Constructive Dismissal

Case Brief

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Parties

Le Puy Limited

Claimant

Christopher Alan Potter

First Defendant

Abstract Recruitment Limited

Second Defendant

Procedural Posture

Interim Injunction Application in Employment Dispute / Application to Continue Interim Injunction Pending Speedy Trial

Legal Issues

  1. 1 Whether the defendant is bound by the alleged contract containing restrictive covenants and confidentiality obligations
  2. 2 Whether the restrictive covenants are enforceable or void as unlawful restraints of trade
  3. 3 Whether confidential information provisions are enforceable

Ratio Decidendi

There is a serious question to be tried as to whether the defendant is bound by the alleged contract and whether the restrictive covenants and confidentiality provisions are enforceable; damages would not be an adequate remedy for the claimant; the balance of convenience favours granting the injunction pending a speedy trial.

Court Disposition

Interim injunction granted pending speedy trial; directions for speedy trial ordered; costs reserved.

Orders

  • Continuation of interim injunction enforcing certain restrictive covenants and confidentiality obligations against the first defendant until trial or further order.
  • Orders for delivery up of documents containing confidential information and provision of affidavits as specified, limited to certain parties.