Towry EJ Ltd v Bennett & Ors

Towry EJ Ltd v Bennett & Ors

Towry was not in repudiatory breach of the implied term of trust and confidence. The defendants did not solicit clients or misuse confidential information in breach of their contracts. Clients transferred voluntarily, and there was no evidence of inducement or conspiracy by Raymond James. The restrictive covenants were enforceable, but not breached. The claim is dismissed.

Parties
Claimant: Towry EJ Ltd; Defendant: Barry William Prosser Bennett; Defendant: Pieter Burger; Defendant: James Scott Chandler; Defendant: Wayne Alan Hayhurst; Defendant: Thomas Mark Spain; Defendant: Stuart Lee Hutton; Defendant: Raymond James Investment Services Ltd; Defendant: Tracey Louise Simpson
Jurisdiction
England and Wales
Judgment Date
14 February 2012
Procedural Posture
Civil / Judgment After Full Trial
Outcome
Claim dismissed
Legal Topics
Restrictive Covenants, Solicitation, Breach of Confidence, Inducement of Breach of Contract, Conspiracy, Wrongful Dismissal, Repudiatory Breach, TUPE, Confidential Information
Employment Law Contract Law Tort Law Restrictive Covenants Solicitation Breach of Confidence Inducement of Breach of Contract Conspiracy +4 more

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Parties

Towry EJ Ltd

Claimant

Barry William Prosser Bennett

Defendant

Pieter Burger

Defendant

James Scott Chandler

Defendant

Wayne Alan Hayhurst

Defendant

Thomas Mark Spain

Defendant

Stuart Lee Hutton

Defendant

Raymond James Investment Services Ltd

Defendant

Tracey Louise Simpson

Defendant

Procedural Posture

Civil / Judgment After Full Trial

Legal Issues

  1. 1 Whether Towry was in repudiatory breach of the implied term of trust and confidence in the defendants' contracts of employment
  2. 2 Whether the defendants solicited clients in breach of post-termination restrictive covenants
  3. 3 Whether the defendants misused confidential information

Ratio Decidendi

Towry was not in repudiatory breach of the implied term of trust and confidence. The defendants did not solicit clients or misuse confidential information in breach of their contracts. Clients transferred voluntarily, and there was no evidence of inducement or conspiracy by Raymond James. The restrictive covenants were enforceable, but not breached. The claim is dismissed.

Court Disposition

Claim dismissed