Tradition Financial Services Ltd v Gamberoni & Ors [2017] EWHC 768 (QB) (12 April 2017)

Tradition Financial Services Ltd v Gamberoni & Ors [2017] EWHC 768 (QB) (12 April 2017)

The PTRs in D1's contract are reasonable and enforceable given his exposure to confidential information, client relationships, and the legitimate business interests of C. The six-month restriction is proportionate in the context of the industry and D1's role. The absence of set-off for garden leave does not render...

Source-derived case information.

Citation
[2017] EWHC 768 (QB)
Parties
Claimant: Tradition Financial Services Ltd; Defendant: Andrea Gamberoni; Defendant: Spectron Services Limited; Defendant: Marex Spectron Group Limited
Jurisdiction
England and Wales
Judgment Date
12 April 2017
Procedural Posture
Employment/contract Dispute / Supplementary Judgment After Expedited Trial
Outcome
PTRs upheld; injunction granted against D1 working for D2 before 1 May 2017.
Legal Topics
Post Termination Restrictions, Non Compete Clauses, Reasonableness of Restraint of Trade, Garden Leave, Confidential Information
Employment Law Contract Law Restrictive Covenants Post Termination Restrictions Non Compete Clauses Reasonableness of Restraint of Trade Garden Leave Confidential Information

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Parties

Tradition Financial Services Ltd

Claimant

Andrea Gamberoni

Defendant

Spectron Services Limited

Defendant

Marex Spectron Group Limited

Defendant

Procedural Posture

Employment/contract Dispute / Supplementary Judgment After Expedited Trial

Legal Issues

  1. 1 Whether the post-termination restrictions (PTRs) in D1's employment contract are reasonable and enforceable
  2. 2 Whether D1 is entitled to work for D2 before expiry of the non-compete period
  3. 3 Whether the absence of set-off for garden leave affects enforceability of PTRs

Ratio Decidendi

The PTRs in D1's contract are reasonable and enforceable given his exposure to confidential information, client relationships, and the legitimate business interests of C. The six-month restriction is proportionate in the context of the industry and D1's role. The absence of set-off for garden leave does not render the PTRs unenforceable in this case. D1 is not entitled to work for D2 before 1 May 2017.

Court Disposition

PTRs upheld; injunction granted against D1 working for D2 before 1 May 2017.

Orders

  • D1 restrained from working for D2 or any competitor in breach of the PTRs until 1 May 2017.
  • Costs to be determined.