CEF Holdings Ltd & Anor v City Electrical Factors Ltd & Ors [2012] EWHC 1524 (QB) (01 June 2012)
The employee recruitment and non-competition covenants are unenforceable as drafted due to excessive width, lack of clarity, and absence of reasonable necessity; interim injunctions are refused.
- Citation
- [2012] EWHC 1524 (QB)
- Parties
- Claimant: CEF Holdings Limited; Claimant: City Electrical Factors Limited; Defendant: Brian Mundey; Defendant: Richard Kay; Defendant: Neil Davison; Defendant: Robert Shaw; Defendant: Steven Whitely; Defendant: Mark Abbey; Defendant: Richard Butterfield; Defendant: Mark Nolan; Defendant: Kevin Mallinson; Defendant: Robin Moorey; Defendant: Colin Stirrat; Defendant: Steven Kay; Defendant: Anthony Pidcock; Defendant: Chris Pidcock; Defendant: Gerry Brown; Defendant: Colin Middleton; Defendant: Dave Evans; Defendant: Adrian O'Donohue; Defendant: Craig Copland; Defendant: Complete Electric Solutions Ltd; Defendant: All Electric Solutions Limited; Defendant: Ashley Mackie; Defendant: Adam Mackie; Defendant: Andrew Singleton
- Jurisdiction
- England and Wales
- Judgment Date
- 01 June 2012
- Procedural Posture
- Interim Application for Injunctive Relief / Post Hearing Judgment
- Outcome
- Interim injunctions refused; restrictive covenants held unenforceable.
- Legal Topics
- Restrictive Covenants, Restraint of Trade, Springboard Relief, Jurisdiction, Interim Injunctions
Case Brief
Summary, issues, holding and outcome
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Parties
CEF Holdings Limited
Claimant
City Electrical Factors Limited
Claimant
Brian Mundey
Defendant
Richard Kay
Defendant
Neil Davison
Defendant
Robert Shaw
Defendant
Steven Whitely
Defendant
Mark Abbey
Defendant
Richard Butterfield
Defendant
Mark Nolan
Defendant
Kevin Mallinson
Defendant
Robin Moorey
Defendant
Colin Stirrat
Defendant
Steven Kay
Defendant
Anthony Pidcock
Defendant
Chris Pidcock
Defendant
Gerry Brown
Defendant
Colin Middleton
Defendant
Dave Evans
Defendant
Adrian O'Donohue
Defendant
Craig Copland
Defendant
Complete Electric Solutions Ltd
Defendant
All Electric Solutions Limited
Defendant
Ashley Mackie
Defendant
Adam Mackie
Defendant
Andrew Singleton
Defendant
Procedural Posture
Interim Application for Injunctive Relief / Post Hearing Judgment
Legal Issues
- 1 Are the employee recruitment and non-competition covenants enforceable?
- 2 Should interim injunctions be granted?
- 3 Is springboard relief available?
Ratio Decidendi
The employee recruitment and non-competition covenants are unenforceable as drafted due to excessive width, lack of clarity, and absence of reasonable necessity; interim injunctions are refused.
Court Disposition
Interim injunctions refused; restrictive covenants held unenforceable.
Orders
- Order of Collins J discharged.
- No injunctive relief granted against defendants.
Full Case Text
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