P14 Medical Ltd v Mahon

P14 Medical Ltd v Mahon

The Defendant's contract of employment with the Claimant included the restrictive covenants from his previous contract, transferred under TUPE or by novation/agreement. The restrictive covenants are likely to be enforceable as they are reasonable in scope, duration, and necessary to protect the Claimant's legitimate business interests. The Defendant intends to breach these covenants and use confidential information. Damages would not be an adequate remedy. The balance of convenience favours granting interim injunctive relief.

Parties
Claimant: P14 Medical Limited; Defendant: Edward Mahon
Jurisdiction
England and Wales
Judgment Date
09 July 2020
Procedural Posture
Employment/commercial (interim Injunction) / Interim Application for Injunction; Pre Trial
Outcome
Interim injunction granted in favour of the Claimant
Legal Topics
Restrictive Covenants in Employment, Confidential Information, TUPE Transfer, Injunctions, Restraint of Trade
Employment Law Contract Law Restrictive Covenants Restrictive Covenants in Employment Confidential Information TUPE Transfer Injunctions Restraint of Trade

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Parties

P14 Medical Limited

Claimant

Edward Mahon

Defendant

Procedural Posture

Employment/commercial (interim Injunction) / Interim Application for Injunction; Pre Trial

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 can be restrained from using or disclosing confidential information

Ratio Decidendi

The Defendant's contract of employment with the Claimant included the restrictive covenants from his previous contract, transferred under TUPE or by novation/agreement. The restrictive covenants are likely to be enforceable as they are reasonable in scope, duration, and necessary to protect the Claimant's legitimate business interests. The Defendant intends to breach these covenants and use confidential information. Damages would not be an adequate remedy. The balance of convenience favours granting interim injunctive relief.

Court Disposition

Interim injunction granted in favour of the Claimant

Orders

  • Defendant restrained from breaching restrictive covenants (non-solicitation, non-competition, non-supply) for six months from termination
  • Defendant restrained from using or disclosing trade secrets or confidential information pending trial or further order