Premier Model Management Led v Bruce & Ors

Premier Model Management Led v Bruce & Ors

Mr Bruce was in substantial breach of his contract of employment by misusing confidential information, acting in competition, and diverting business to PRM. The restrictive covenants were reasonable and enforceable. Mr Bruce committed fraud by inflating travel claims. Mr Ribeiro and PRM are liable as accessories for inducing breach of contract.

Parties
Claimant: Premier Model Management Limited; First Defendant: John Bruce; Second Defendant: Paulo Ribeiro Rosa Filho; Third Defendant: Paulo Ribeiro Management Limited
Jurisdiction
England and Wales
Judgment Date
29 November 2012
Procedural Posture
Civil / Judgment After Expedited Trial
Outcome
Judgment for the Claimant.
Legal Topics
Restrictive Covenants, Breach of Contract, Misuse of Confidential Information, Fraud, Inducing Breach of Contract
Employment Law Contract Law Tort Law Restrictive Covenants Breach of Contract Misuse of Confidential Information Fraud Inducing Breach of Contract

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Parties

Premier Model Management Limited

Claimant

John Bruce

First Defendant

Paulo Ribeiro Rosa Filho

Second Defendant

Paulo Ribeiro Management Limited

Third Defendant

Procedural Posture

Civil / Judgment After Expedited Trial

Legal Issues

  1. 1 Whether Mr Bruce breached his contract of employment with Premier by misusing confidential information, acting in competition, and diverting business.
  2. 2 Whether Mr Bruce committed fraud by submitting inflated travel claims.
  3. 3 Whether the restrictive covenants in Mr Bruce's contract were reasonable and enforceable.

Ratio Decidendi

Mr Bruce was in substantial breach of his contract of employment by misusing confidential information, acting in competition, and diverting business to PRM. The restrictive covenants were reasonable and enforceable. Mr Bruce committed fraud by inflating travel claims. Mr Ribeiro and PRM are liable as accessories for inducing breach of contract.

Court Disposition

Judgment for the Claimant.

Orders

  • Injunction restraining Defendants from soliciting Premier’s staff and models, and from using or disclosing confidential information until 23 July 2013, with terms to be finalised after hearing parties.
  • Order for delivery up of confidential information and property belonging to Premier, with terms to be finalised after hearing parties.