Legends Live Ltd v Harrison
The restraint of trade clause was valid and enforceable at common law as it protected a legitimate interest and was reasonable in the specific factual context. The claimant was not acting as an employment business under the 1973 Act and 2003 Regulations, so the statutory bar did not apply. However, the claimant's unreasonable delay in seeking an injunction rendered it inequitable to grant the relief sought, and the claim for an injunction was dismissed on discretionary grounds.
- Parties
- Claimant: Legends Live Limited; Defendant: Craig Harrison
- Jurisdiction
- England and Wales
- Judgment Date
- 12 July 2016
- Procedural Posture
- Civil / Judgment After Expedited Trial
- Outcome
- Claim for injunction dismissed
- Legal Topics
- Restraint of Trade, Employment Contracts, Injunctions, Laches, Restrictive Covenants
Case Brief
Summary, issues, holding and outcome
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Parties
Legends Live Limited
Claimant
Craig Harrison
Defendant
Procedural Posture
Civil / Judgment After Expedited Trial
Legal Issues
- 1 Whether the restraint of trade clause in the employment contract is enforceable under the Employment Agencies Act 1973 and the Employment Agencies and Employment Businesses Regulations 2003
- 2 Whether the claimant has a legitimate interest justifying the restraint
- 3 Whether the restraint is reasonable in scope and duration
Ratio Decidendi
The restraint of trade clause was valid and enforceable at common law as it protected a legitimate interest and was reasonable in the specific factual context. The claimant was not acting as an employment business under the 1973 Act and 2003 Regulations, so the statutory bar did not apply. However, the claimant's unreasonable delay in seeking an injunction rendered it inequitable to grant the relief sought, and the claim for an injunction was dismissed on discretionary grounds.
Court Disposition
Claim for injunction dismissed
Full Case Text
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