Legends Live Ltd v Harrison [2016] EWHC 1938 (QB) (12 July 2016)

Legends Live Ltd v Harrison [2016] EWHC 1938 (QB) (12 July 2016)

The restraint of trade clause is enforceable because the claimant retained predominant control over the defendant, not the venue, so the Employment Agencies Act 1973 and the 2003 Regulations do not apply. The claimant has a legitimate interest in protecting its investment in the defendant's reputation and the...

Source-derived case information.

Citation
[2016] EWHC 1938
Parties
Claimant: Legends Live Limited; Defendant: Craig Harrison
Jurisdiction
England and Wales
Judgment Date
12 July 2016
Procedural Posture
Injunction to Enforce Employment Contract Restraint of Trade Clause / Judgment After Expedited Trial
Outcome
Claim allowed. Injunction granted.
Legal Topics
Restraint of Trade, Employment Agencies Act 1973, Reasonableness of Restrictive Covenants, Enforceability of Employment Contract Terms, Injunctions
Employment Law Contract Law Restrictive Covenants Restraint of Trade Employment Agencies Act 1973 Reasonableness of Restrictive Covenants Enforceability of Employment Contract Terms Injunctions

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Summary, issues, holding and outcome

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Parties

Legends Live Limited

Claimant

Craig Harrison

Defendant

Procedural Posture

Injunction to Enforce Employment Contract Restraint of Trade Clause / Judgment After Expedited Trial

Legal Issues

  1. 1 Whether the restraint of trade clause is unenforceable under the Employment Agencies Act 1973 and the 2003 Regulations
  2. 2 Whether the claimant has a legitimate interest justifying the restraint
  3. 3 Whether the restraint is reasonable in scope and duration

Ratio Decidendi

The restraint of trade clause is enforceable because the claimant retained predominant control over the defendant, not the venue, so the Employment Agencies Act 1973 and the 2003 Regulations do not apply. The claimant has a legitimate interest in protecting its investment in the defendant's reputation and the competitive position of its show. The restriction is reasonable in scope and duration given the specific facts, and there was no conduct or delay by the claimant sufficient to bar injunctive relief.

Court Disposition

Claim allowed. Injunction granted.

Orders

  • The defendant is restrained from performing in any multi-tribute show in Blackpool for 12 months from the end of his contract with the claimant.
  • Costs to be determined.