One Step (Support) Ltd v Morris -Garner & Anor

One Step (Support) Ltd v Morris -Garner & Anor

The defendants breached the non-compete and non-solicitation covenants by operating Positive Living in material competition with One Step in West London and Thames Valley and soliciting significant clients. The first defendant also breached confidentiality obligations. The second defendant's covenants were reasonable and enforceable. One Step is entitled to damages to be assessed on either a Wrotham Park or ordinary basis, but not to an account of profits.

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 / Judgment on Liability and Nature of Remedies, Quantification of Damages Deferred
Outcome
Judgment for the claimant on liability; damages to be assessed; account of profits refused.
Legal Topics
Restrictive Covenants, Breach of Confidence, Non Compete Clauses, Non Solicitation Clauses, Remedies for Breach of Contract, Wrotham Park Damages
Contract Law Employment Law Equity Restrictive Covenants Breach of Confidence Non Compete Clauses Non Solicitation Clauses Remedies for Breach of Contract +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 / Judgment on Liability and Nature of Remedies, Quantification of Damages Deferred

Legal Issues

  1. 1 Whether the defendants breached non-compete and non-solicitation covenants
  2. 2 Whether the second defendant's covenants were unreasonable and unenforceable
  3. 3 Whether the first defendant breached obligations of confidence

Ratio Decidendi

The defendants breached the non-compete and non-solicitation covenants by operating Positive Living in material competition with One Step in West London and Thames Valley and soliciting significant clients. The first defendant also breached confidentiality obligations. The second defendant's covenants were reasonable and enforceable. One Step is entitled to damages to be assessed on either a Wrotham Park or ordinary basis, but not to an account of profits.

Court Disposition

Judgment for the claimant on liability; damages to be assessed; account of profits refused.

Orders

  • Defendants found liable for breach of non-compete and non-solicitation covenants in West London and Thames Valley.
  • First defendant found liable for breach of confidentiality.