Safetynet Security Ltd v Coppage & Anor [2012] EWHC B11 (Mercantile) (15 August 2012)

Safetynet Security Ltd v Coppage & Anor [2012] EWHC B11 (Mercantile) (15 August 2012)

The non-solicitation clause is reasonable and enforceable; Mr Coppage breached it by soliciting customers; he was the controlling mind of the Second Defendant; the Claimant suffered financial loss as a result; no implied term to provide work existed; no repudiatory breach by the Claimant occurred.

Citation
[2012] EWHC B11 (Mercantile)
Parties
Claimant: Safetynet Security Ltd; First Defendant: Mr Lenny Coppage; Second Defendant: Hadley Security Ltd
Jurisdiction
England and Wales
Judgment Date
15 August 2012
Procedural Posture
Civil / Final Judgment
Outcome
Claim allowed; Counterclaim dismissed
Legal Topics
Restrictive Covenants, Non Solicitation, Fiduciary Duty, Repudiatory Breach, Implied Terms, Inducement of Breach of Contract
Employment Law Contract Law Company Law Restrictive Covenants Non Solicitation Fiduciary Duty Repudiatory Breach Implied Terms +1 more

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Parties

Safetynet Security Ltd

Claimant

Mr Lenny Coppage

First Defendant

Hadley Security Ltd

Second Defendant

Procedural Posture

Civil / Final Judgment

Legal Issues

  1. 1 Is the restrictive covenant enforceable?
  2. 2 Did Mr Coppage owe the Claimant a fiduciary duty of 'no conflict'?
  3. 3 Did solicitation and/or breach of fiduciary duty occur?

Ratio Decidendi

The non-solicitation clause is reasonable and enforceable; Mr Coppage breached it by soliciting customers; he was the controlling mind of the Second Defendant; the Claimant suffered financial loss as a result; no implied term to provide work existed; no repudiatory breach by the Claimant occurred.

Court Disposition

Claim allowed; Counterclaim dismissed

Orders

  • Relief as set out in the Particulars of Claim granted
  • Damages of £50,000 awarded to the Claimant