P14 Medical Ltd v Mahon [2020] EWHC 1823 (QB) (09 July 2020)

P14 Medical Ltd v Mahon [2020] EWHC 1823 (QB) (09 July 2020)

The court held that the claimant is likely to succeed at trial in establishing that the defendant's contract of employment contained the restrictive covenants, either by operation of TUPE or by agreement/novation, and that the non-solicitation and related covenants are likely to be enforceable as reasonable and necessary to protect the claimant's legitimate business interests. The court found that the defendant intends to act in breach of these covenants unless restrained. Given that damages would not be an adequate remedy and the balance of convenience favours the claimant, interim injunctive relief is justified.

Citation
[2020] EWHC 1823
Parties
Claimant: P14 Medical Limited; Defendant: Edward Mahon
Jurisdiction
England and Wales
Judgment Date
09 July 2020
Procedural Posture
Interim Injunction Application in Employment Dispute / Judgment on Application for Interim Injunction
Outcome
Interim injunction granted in part
Legal Topics
Restrictive Covenants, Confidential Information, TUPE Transfer, Interim Injunctions, Restraint of Trade
Employment Law Contract Law Restrictive Covenants Confidential Information TUPE Transfer Interim Injunctions Restraint of Trade

Case Brief

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Parties

P14 Medical Limited

Claimant

Edward Mahon

Defendant

Procedural Posture

Interim Injunction Application in Employment Dispute / Judgment on Application for Interim Injunction

Legal Issues

  1. 1 Whether the defendant's contract of employment with the claimant contained enforceable restrictive covenants
  2. 2 Whether the restrictive covenants are void as being in restraint of trade
  3. 3 Whether the defendant is likely to breach duties of confidentiality or fiduciary duties

Ratio Decidendi

The court held that the claimant is likely to succeed at trial in establishing that the defendant's contract of employment contained the restrictive covenants, either by operation of TUPE or by agreement/novation, and that the non-solicitation and related covenants are likely to be enforceable as reasonable and necessary to protect the claimant's legitimate business interests. The court found that the defendant intends to act in breach of these covenants unless restrained. Given that damages would not be an adequate remedy and the balance of convenience favours the claimant, interim injunctive relief is justified.

Court Disposition

Interim injunction granted in part

Orders

  • The defendant is restrained from soliciting or dealing with the claimant's customers in breach of the restrictive covenants for six months from termination.
  • The defendant is restrained from using or disclosing the claimant's confidential information pending trial.