Customer Systems Plc v Ranson

Customer Systems Plc v Ranson

The grounds of appeal raised by the appellant merit further argument and have realistically arguable prospects of success, particularly given the lack of restrictive covenants and the judge's limited analysis of the alleged breach of duty.

Parties
Appellant: Customer Systems PLC; Respondent: Ranson
Jurisdiction
England and Wales
Judgment Date
29 March 2012
Procedural Posture
Civil Appeal / Permission to Appeal From High Court Judgment
Outcome
Permission to appeal granted
Legal Topics
Fiduciary Duties, Contract of Employment, Duty of Loyalty, Restrictive Covenants
Employment Law Fiduciary Duties Contract of Employment Duty of Loyalty Restrictive Covenants

Case Brief

Summary, issues, holding and outcome

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Parties

Customer Systems PLC

Appellant

Ranson

Respondent

Procedural Posture

Civil Appeal / Permission to Appeal From High Court Judgment

Legal Issues

  1. 1 Whether the respondent breached the duty of loyalty under the contract of employment
  2. 2 Whether any fiduciary duties arose and were breached
  3. 3 Whether the express obligations under the contract were sufficient to restrict the respondent's conduct

Ratio Decidendi

The grounds of appeal raised by the appellant merit further argument and have realistically arguable prospects of success, particularly given the lack of restrictive covenants and the judge's limited analysis of the alleged breach of duty.

Court Disposition

Permission to appeal granted

Orders

  • Permission to appeal granted
  • Court comprising three Lords Justices on the appeal