Countrywide Estate Agents Ltd (t/a John D Wood & Co) v Marchant & Ors [2025] EWHC 2654 (KB) (28 August 2025)

Countrywide Estate Agents Ltd (t/a John D Wood & Co) v Marchant & Ors [2025] EWHC 2654 (KB) (28 August 2025)

There is a serious issue to be tried as to whether the defendants are bound by and have breached enforceable post-termination restrictive covenants. Damages would not be an adequate remedy due to the difficulty in quantifying loss and the nature of the claimant's business interests. The balance of convenience favours the claimant, as the defendants remain free to operate their business without soliciting restricted clients, while the claimant faces serious risk of losing longstanding clients. The claimant is entitled to an interim injunction in the terms sought.

Citation
[2025] EWHC 2654 (KB)
Parties
Claimant: Countrywide Estate Agents Limited trading as John D Wood & Co; First Defendant: Jack Marchant; Second Defendant: Jessica Hampton; Third Defendant: With Us Property Limited
Jurisdiction
England and Wales
Judgment Date
28 August 2025
Procedural Posture
Interim Injunction Application in Civil Proceedings (employment/restrictive Covenants) / Hearing and Ruling on Interim Injunction Pending Trial
Outcome
Interim injunction granted in the terms sought by the claimant; speedy trial ordered; costs and consequential matters reserved for further hearing.
Legal Topics
Restrictive Covenants, Confidential Information, Interim Injunctions, Post Termination Obligations, Conspiracy, Adequacy of Damages, Balance of Convenience
Employment Law Contract Law Equity Restrictive Covenants Confidential Information Interim Injunctions Post Termination Obligations Conspiracy +2 more

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Parties

Countrywide Estate Agents Limited trading as John D Wood & Co

Claimant

Jack Marchant

First Defendant

Jessica Hampton

Second Defendant

With Us Property Limited

Third Defendant

Procedural Posture

Interim Injunction Application in Civil Proceedings (employment/restrictive Covenants) / Hearing and Ruling on Interim Injunction Pending Trial

Legal Issues

  1. 1 Whether the defendants are bound by post-termination restrictive covenants
  2. 2 Whether the defendants have breached or are likely to breach those covenants by soliciting restricted clients
  3. 3 Whether an interim injunction should be granted to enforce the covenants

Ratio Decidendi

There is a serious issue to be tried as to whether the defendants are bound by and have breached enforceable post-termination restrictive covenants. Damages would not be an adequate remedy due to the difficulty in quantifying loss and the nature of the claimant's business interests. The balance of convenience favours the claimant, as the defendants remain free to operate their business without soliciting restricted clients, while the claimant faces serious risk of losing longstanding clients. The claimant is entitled to an interim injunction in the terms sought.

Court Disposition

Interim injunction granted in the terms sought by the claimant; speedy trial ordered; costs and consequential matters reserved for further hearing.

Orders

  • Interim injunction restraining the defendants from soliciting or dealing with restricted clients as defined in the covenants.
  • Order for delivery up of confidential information/documents to the claimant's solicitors.