Ideal Standard International SA & Anor v Herbert

Ideal Standard International SA & Anor v Herbert

The Settlement Agreement did not waive Mr. Herbert's obligations under the Share Agreement; there is a serious issue to be tried regarding the enforceability of the non-compete clause, and the balance of convenience favours granting an interim injunction to restrain breach pending arbitration.

Source-derived case information.

Parties
Applicant: Ideal Standard International S.A.; Applicant: Ideal Standard International Holding SARL; Respondent: Mr. Anthony Herbert
Jurisdiction
England and Wales
Judgment Date
22 November 2018
Procedural Posture
Application for Interim Injunction / Interlocutory
Outcome
interim injunction granted
Legal Topics
Non Compete Clause, Shareholder Agreement, Interim Injunction, Restraint of Trade, Confidentiality
Contract Employment Arbitration Non Compete Clause Shareholder Agreement Interim Injunction Restraint of Trade Confidentiality

Source-derived case record

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 4 Authorities cited 16 Party arguments 2 Amounts and remedies 2
Sign in to unlock

Parties

Ideal Standard International S.A.

Applicant

Ideal Standard International Holding SARL

Applicant

Mr. Anthony Herbert

Respondent

Procedural Posture

Application for Interim Injunction / Interlocutory

Legal Issues

  1. 1 Whether the Settlement Agreement released Mr. Herbert from obligations under the Share Agreement
  2. 2 Whether the non-compete clause in the Share Agreement is enforceable and reasonable
  3. 3 Whether the balance of convenience favours granting interim relief

Ratio Decidendi

The Settlement Agreement did not waive Mr. Herbert's obligations under the Share Agreement; there is a serious issue to be tried regarding the enforceability of the non-compete clause, and the balance of convenience favours granting an interim injunction to restrain breach pending arbitration.

Court Disposition

interim injunction granted

Orders

  • Mr. Herbert restrained from breaching the non-compete clause pending determination in arbitration