Norbrook Laboratories (GB) Ltd v Adair & Anor

Norbrook Laboratories (GB) Ltd v Adair & Anor

Clause 6.1(a) of the employment contract is unenforceable as it imposes a restraint wider than reasonably necessary to protect Norbrook’s interests, particularly due to its broad definition of restricted business and duration. Clause 6.1(b), with the deletion of certain words, is enforceable as a reasonable non-solicitation and non-dealing covenant limited to actual customers with whom Ms Adair had dealings. Injunctive relief is justified to protect Norbrook’s confidential information and customer connections, and the evidence does not show exceptional hardship to Ms Adair.

Parties
Claimant: Norbrook Laboratories (GB) Limited; First Defendant: Rebecca Adair; Second Defendant: Pfizer Limited
Jurisdiction
England and Wales
Judgment Date
06 May 2008
Procedural Posture
Civil / Judgment After Trial
Outcome
Partial grant of relief; injunctions granted in part.
Legal Topics
Restrictive Covenants, Confidential Information, Restraint of Trade, Injunctive Relief, Employment Contracts
Employment Law Contract Law Restrictive Covenants Confidential Information Restraint of Trade Injunctive Relief Employment Contracts

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Parties

Norbrook Laboratories (GB) Limited

Claimant

Rebecca Adair

First Defendant

Pfizer Limited

Second Defendant

Procedural Posture

Civil / Judgment After Trial

Legal Issues

  1. 1 Whether the post-termination restrictive covenants in Ms Adair's contract are enforceable or constitute an unreasonable restraint of trade.
  2. 2 Whether Norbrook is entitled to injunctive relief against Ms Adair and Pfizer to protect confidential information and customer connections.

Ratio Decidendi

Clause 6.1(a) of the employment contract is unenforceable as it imposes a restraint wider than reasonably necessary to protect Norbrook’s interests, particularly due to its broad definition of restricted business and duration. Clause 6.1(b), with the deletion of certain words, is enforceable as a reasonable non-solicitation and non-dealing covenant limited to actual customers with whom Ms Adair had dealings. Injunctive relief is justified to protect Norbrook’s confidential information and customer connections, and the evidence does not show exceptional hardship to Ms Adair.

Court Disposition

Partial grant of relief; injunctions granted in part.

Orders

  • Clause 6.1(a) declared unenforceable as an unreasonable restraint of trade.
  • Clause 6.1(b), with deletion of 'prospective customers' and 'direct access to and/or', declared enforceable.