Quilter Private Client Advisers Ltd v Falconer & Anor

Quilter Private Client Advisers Ltd v Falconer & Anor

The restrictive covenants (non-competition, non-solicitation, non-dealing) in the first defendant's employment contract were void and unenforceable as unlawful restraints of trade, being wider than reasonably necessary to protect the claimant's legitimate business interests. The first defendant was in breach of express and implied contractual duties by scanning and retaining confidential client information and engaging in preparatory steps to compete while still employed, but the claimant failed to prove enforceable loss or entitlement to repayment of the bonus. The second defendant did not knowingly induce any breach or misuse confidential information. The claims based on the restrictive...

Parties
Claimant: Quilter Private Client Advisers Limited; First Defendant: Emma Falconer; Second Defendant: Continuum (Financial Services) LLP
Jurisdiction
England and Wales
Judgment Date
04 December 2020
Procedural Posture
Employment/commercial / Trial Judgment
Outcome
Claim dismissed in substantial part; limited findings of breach of contract and confidence against first defendant; no enforceable relief granted.
Legal Topics
Restrictive Covenants, Breach of Confidence, Inducement of Breach of Contract, Constructive Dismissal, Confidential Information, Restraint of Trade
Employment Law Contract Law Equity Restrictive Covenants Breach of Confidence Inducement of Breach of Contract Constructive Dismissal Confidential Information +1 more

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Parties

Quilter Private Client Advisers Limited

Claimant

Emma Falconer

First Defendant

Continuum (Financial Services) LLP

Second Defendant

Procedural Posture

Employment/commercial / Trial Judgment

Legal Issues

  1. 1 Whether the restrictive covenants in the employment contract were valid and enforceable
  2. 2 Whether the first defendant breached express and implied terms of her employment contract
  3. 3 Whether the first defendant misused confidential information

Ratio Decidendi

The restrictive covenants (non-competition, non-solicitation, non-dealing) in the first defendant's employment contract were void and unenforceable as unlawful restraints of trade, being wider than reasonably necessary to protect the claimant's legitimate business interests. The first defendant was in breach of express and implied contractual duties by scanning and retaining confidential client information and engaging in preparatory steps to compete while still employed, but the claimant failed to prove enforceable loss or entitlement to repayment of the bonus. The second defendant did not knowingly induce any breach or misuse confidential information. The claims based on the restrictive...

Court Disposition

Claim dismissed in substantial part; limited findings of breach of contract and confidence against first defendant; no enforceable relief granted.

Orders

  • All claims based on restrictive covenants dismissed as void and unenforceable.
  • Claim for repayment of guaranteed bonus dismissed.