Decorus Ltd v Penfold & Anor

Decorus Ltd v Penfold & Anor

The 2013 contract governed Mr Penfold's employment, supported by valid consideration. The restrictive covenants (excluding the overbroad non-compete) were reasonable and enforceable to protect the claimant's legitimate interests. Mr Penfold breached his duty of fidelity and confidence by misusing confidential information and soliciting clients before and after termination. The claimant is entitled to damages and injunctive relief.

Parties
Claimant: Decorus Limited; First Defendant: Mr Daniel Penfold; Second Defendant: Procure Store Limited
Jurisdiction
England and Wales
Judgment Date
20 June 2016
Procedural Posture
Employment/commercial / Judgment After Speedy Trial
Outcome
Judgment for the claimant
Legal Topics
Restrictive Covenants, Duty of Fidelity, Misuse of Confidential Information, Consideration for Contract Variation, Enforceability of Post Termination Restraints
Employment Law Contract Law Equity Restrictive Covenants Duty of Fidelity Misuse of Confidential Information Consideration for Contract Variation Enforceability of Post Termination Restraints

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Parties

Decorus Limited

Claimant

Mr Daniel Penfold

First Defendant

Procure Store Limited

Second Defendant

Procedural Posture

Employment/commercial / Judgment After Speedy Trial

Legal Issues

  1. 1 Which contract governed Mr Penfold's employment?
  2. 2 Were the restrictive covenants enforceable?
  3. 3 Did Mr Penfold breach his duty of fidelity and confidence?

Ratio Decidendi

The 2013 contract governed Mr Penfold's employment, supported by valid consideration. The restrictive covenants (excluding the overbroad non-compete) were reasonable and enforceable to protect the claimant's legitimate interests. Mr Penfold breached his duty of fidelity and confidence by misusing confidential information and soliciting clients before and after termination. The claimant is entitled to damages and injunctive relief.

Court Disposition

Judgment for the claimant

Orders

  • Damages awarded in the sum of £29,852.17
  • Final injunctive relief in terms of paragraphs 2, 3, 6 and 7 of the order made on 16th March 2016