Alan James Boydell v NZP Limited & Anor

Alan James Boydell v NZP Limited & Anor

It is not plain and obvious that clause 3.1, as severed by the judge, is too wide to be enforceable. The judge was entitled to sever the offending words and grant an injunction on a more limited basis. The non-solicitation and non-dealing clauses are not plainly too wide. There was no undue delay, and damages would not be an adequate remedy for the claimants. The appeal is dismissed.

Parties
Appellant/defendant: Alan James Boydell; Respondent/claimant: NZP Limited; Respondent/claimant: AI ICE (Luxembourg) Midco S.A.R.L.
Jurisdiction
England and Wales
Judgment Date
04 April 2023
Procedural Posture
Civil Appeal / Appeal Against Interlocutory Injunction From High Court
Outcome
Appeal dismissed
Legal Topics
Restrictive Covenants, Interlocutory Injunctions, Severance of Contractual Terms, Non Compete Clauses, Non Solicitation Clauses
Employment Law Contract Law Restrictive Covenants Interlocutory Injunctions Severance of Contractual Terms Non Compete Clauses Non Solicitation Clauses

Case Brief

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Parties

Alan James Boydell

Appellant/defendant

NZP Limited

Respondent/claimant

AI ICE (Luxembourg) Midco S.A.R.L.

Respondent/claimant

Procedural Posture

Civil Appeal / Appeal Against Interlocutory Injunction From High Court

Legal Issues

  1. 1 Whether clause 3.1 of the employment contract is too wide to be enforceable
  2. 2 Whether the High Court judge erred in severing parts of the restrictive covenant
  3. 3 Whether the non-solicitation and non-dealing clauses are enforceable

Ratio Decidendi

It is not plain and obvious that clause 3.1, as severed by the judge, is too wide to be enforceable. The judge was entitled to sever the offending words and grant an injunction on a more limited basis. The non-solicitation and non-dealing clauses are not plainly too wide. There was no undue delay, and damages would not be an adequate remedy for the claimants. The appeal is dismissed.

Court Disposition

Appeal dismissed

Orders

  • Interlocutory injunction maintained pending trial
  • Permission to cross-appeal refused