Tenon FM Ltd v Cawley & Ors

Tenon FM Ltd v Cawley & Ors

The claimant failed to establish that the restrictive covenants in the unsigned 2011 and 2012 contracts were contractually binding on the first defendant due to absence of signature and lack of evidence of consideration for the contractual variations; therefore, the application for interim injunctive relief must be dismissed.

Parties
Claimant: Tenon FM Limited; First Defendant: Susan Cawley; Second Defendant: B38 Support Services Limited; Third Defendant: Third Defendant; Fourth Defendant: Fourth Defendant
Jurisdiction
England and Wales
Judgment Date
25 July 2018
Procedural Posture
Commercial Court Application / Ruling on Interim Injunctive Relief
Outcome
Claimant's applications for interim injunctive relief dismissed.
Legal Topics
Restrictive Covenants, Interim Injunctions, Constructive Dismissal, Consideration, Restraint of Trade
Employment Law Contract Law Restrictive Covenants Interim Injunctions Constructive Dismissal Consideration Restraint of Trade

Case Brief

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Parties

Tenon FM Limited

Claimant

Susan Cawley

First Defendant

B38 Support Services Limited

Second Defendant

Third Defendant

Third Defendant

Fourth Defendant

Fourth Defendant

Procedural Posture

Commercial Court Application / Ruling on Interim Injunctive Relief

Legal Issues

  1. 1 Whether restrictive covenants in unsigned employment contracts are enforceable
  2. 2 Whether consideration was given for contractual variations imposing restrictive covenants
  3. 3 Whether interim injunctive relief should be granted

Ratio Decidendi

The claimant failed to establish that the restrictive covenants in the unsigned 2011 and 2012 contracts were contractually binding on the first defendant due to absence of signature and lack of evidence of consideration for the contractual variations; therefore, the application for interim injunctive relief must be dismissed.

Court Disposition

Claimant's applications for interim injunctive relief dismissed.

Orders

  • Terms of Tomlin order between claimant and second, third, and fourth defendants approved.