Monex Europe Ltd v Pothecary & Anor [2019] EWHC 1714 (QB) (21 June 2019)

Monex Europe Ltd v Pothecary & Anor [2019] EWHC 1714 (QB) (21 June 2019)

The non-competition covenant, as drafted, was unreasonably wide in its worldwide scope and six-month duration, and Monex failed to demonstrate that such a broad restraint was reasonably necessary to protect its legitimate business interests. The balance of convenience favored the defendants, given the undertakings already provided and the lack of evidence justifying a global restraint.

Citation
[2019] EWHC 1714 (QB)
Parties
Claimant: Monex Europe Limited; Defendant: Charles Pothecary; Defendant: Guy Kaufman
Jurisdiction
England and Wales
Judgment Date
21 June 2019
Procedural Posture
Application for Interim Injunction / Interlocutory (interim Relief)
Outcome
Application for interim injunction dismissed
Legal Topics
Restrictive Covenants, Restraint of Trade, Interim Injunctions, Post Termination Restrictions
Employment Law Contract Law Restrictive Covenants Restraint of Trade Interim Injunctions Post Termination Restrictions

Case Brief

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Parties

Monex Europe Limited

Claimant

Charles Pothecary

Defendant

Guy Kaufman

Defendant

Procedural Posture

Application for Interim Injunction / Interlocutory (interim Relief)

Legal Issues

  1. 1 Whether the non-competition covenant in the defendants' employment contracts is enforceable as a reasonable restraint of trade
  2. 2 Whether Monex is entitled to an interim injunction restraining the defendants from working for a competitor

Ratio Decidendi

The non-competition covenant, as drafted, was unreasonably wide in its worldwide scope and six-month duration, and Monex failed to demonstrate that such a broad restraint was reasonably necessary to protect its legitimate business interests. The balance of convenience favored the defendants, given the undertakings already provided and the lack of evidence justifying a global restraint.

Court Disposition

Application for interim injunction dismissed

Orders

  • Monex's application for an interim injunction is refused.