Freshasia Foods Ltd v Lu

Freshasia Foods Ltd v Lu

The restrictive covenants were void for uncertainty as to the definition of 'senior employee' and were, in any event, unenforceable as unreasonable restraints of trade. Mr Jing's retention of company documents after termination breached his contractual obligation to deliver up and delete such documents, but there was no misuse of confidential information or actionable copyright/database right infringement.

Parties
Claimant: Freshasia Foods Limited; Defendant: Jing Lu
Jurisdiction
England and Wales
Judgment Date
20 March 2019
Procedural Posture
Employment / Commercial (restrictive Covenants, Confidential Information) / Trial Judgment
Outcome
Claim dismissed except for breach of obligation to deliver up and delete documents; no injunction granted; no finding of misuse of confidential information or copyright/database right infringement.
Legal Topics
Restrictive Covenants, Misuse of Confidential Information, Copyright Infringement, Database Right, Employment Contract, Restraint of Trade
Employment Law Commercial Law Intellectual Property Restrictive Covenants Misuse of Confidential Information Copyright Infringement Database Right Employment Contract +1 more

Case Brief

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 1 Authorities cited 6 Party arguments 2 Amounts and remedies 4
Sign in to unlock

Parties

Freshasia Foods Limited

Claimant

Jing Lu

Defendant

Procedural Posture

Employment / Commercial (restrictive Covenants, Confidential Information) / Trial Judgment

Legal Issues

  1. 1 Whether the restrictive covenants in the Employee Handbook were incorporated into Mr Jing's contract of employment and enforceable
  2. 2 Whether Mr Jing was a 'senior employee' for the purposes of the restrictive covenants
  3. 3 Whether the restrictive covenants (non-compete and non-solicitation) were void for uncertainty or unenforceable as unreasonable restraints of trade

Ratio Decidendi

The restrictive covenants were void for uncertainty as to the definition of 'senior employee' and were, in any event, unenforceable as unreasonable restraints of trade. Mr Jing's retention of company documents after termination breached his contractual obligation to deliver up and delete such documents, but there was no misuse of confidential information or actionable copyright/database right infringement.

Court Disposition

Claim dismissed except for breach of obligation to deliver up and delete documents; no injunction granted; no finding of misuse of confidential information or copyright/database right infringement.

Orders

  • Claim for breach of clause D (failure to deliver up and delete documents) succeeds for period 28 September 2018 to 30 November 2018.
  • All other claims dismissed.