Symbian Ltd v Christensen [2000] EWHC 458 (Ch) (08 May 2000)

Symbian Ltd v Christensen [2000] EWHC 458 (Ch) (08 May 2000)

The court held that clause 4.3 of the Service Agreement, which prohibits the employee from engaging in any other business during the term of the agreement, remains enforceable during the garden leave period. An injunction restraining Mr Christensen from working for Microsoft until the expiry of the six-month notice period is justified to protect Symbian's legitimate interests and does not amount to an unreasonable restraint of trade. Implied duties of good faith and fidelity do not survive garden leave; only express contractual obligations are enforceable during this period.

Citation
[2000] EWHC 458 (Ch)
Parties
Claimant: Symbian Limited; Defendant: Christensen
Jurisdiction
England and Wales
Judgment Date
08 May 2000
Procedural Posture
Interlocutory Injunction Application / Interlocutory (pre Trial)
Outcome
Interlocutory injunction granted in limited terms
Legal Topics
Garden Leave, Restrictive Covenants, Confidential Information, Restraint of Trade, Injunctions
Employment Law Contract Law Garden Leave Restrictive Covenants Confidential Information Restraint of Trade Injunctions

Case Brief

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Parties

Symbian Limited

Claimant

Christensen

Defendant

Procedural Posture

Interlocutory Injunction Application / Interlocutory (pre Trial)

Legal Issues

  1. 1 Whether an interlocutory injunction should be granted to restrain the defendant from working for a competitor during the garden leave period
  2. 2 Whether contractual restrictions in the Service Agreement (clauses 4.3 and 15.4) are enforceable during garden leave
  3. 3 Whether implied duties of good faith and fidelity survive garden leave

Ratio Decidendi

The court held that clause 4.3 of the Service Agreement, which prohibits the employee from engaging in any other business during the term of the agreement, remains enforceable during the garden leave period. An injunction restraining Mr Christensen from working for Microsoft until the expiry of the six-month notice period is justified to protect Symbian's legitimate interests and does not amount to an unreasonable restraint of trade. Implied duties of good faith and fidelity do not survive garden leave; only express contractual obligations are enforceable during this period.

Court Disposition

Interlocutory injunction granted in limited terms

Orders

  • Defendant restrained until 16th September from undertaking or continuing employment with or providing advice, assistance or services to Microsoft Corporation, its subsidiaries, or associated companies, servants or agents.
  • Costs not summarily assessed; to be considered by costs judge for detailed assessment if justified.