Morris-Garner & Anor v One Step (Support) Ltd

Morris-Garner & Anor v One Step (Support) Ltd

The appellants breached the non-compete and non-solicitation covenants by trading and soliciting in West London and Thames Valley, and misused confidential information. Wrotham Park damages are appropriate where ordinary damages are difficult to quantify and justice requires a reasonable payment for breach of contract. The judge's finding that Wrotham Park damages were a just response is upheld.

Parties
Appellant: Karen Morris-Garner; Appellant: Andrea Morris-Garner; Respondent: One Step (Support) Limited
Jurisdiction
England and Wales
Judgment Date
22 March 2016
Procedural Posture
Civil Appeal / Judgment on Appeal
Outcome
Appeal dismissed
Legal Topics
Restrictive Covenants, Non Compete Agreements, Non Solicitation, Breach of Confidence, Damages Assessment
Contract Law Equity Commercial Law Restrictive Covenants Non Compete Agreements Non Solicitation Breach of Confidence Damages Assessment

Case Brief

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Parties

Karen Morris-Garner

Appellant

Andrea Morris-Garner

Appellant

One Step (Support) Limited

Respondent

Procedural Posture

Civil Appeal / Judgment on Appeal

Legal Issues

  1. 1 Whether the appellants breached non-compete and non-solicitation covenants in the sale agreement
  2. 2 Whether the appellants misused confidential information
  3. 3 Whether Wrotham Park damages are an appropriate remedy

Ratio Decidendi

The appellants breached the non-compete and non-solicitation covenants by trading and soliciting in West London and Thames Valley, and misused confidential information. Wrotham Park damages are appropriate where ordinary damages are difficult to quantify and justice requires a reasonable payment for breach of contract. The judge's finding that Wrotham Park damages were a just response is upheld.

Court Disposition

Appeal dismissed

Orders

  • Appellants found in breach of non-compete and non-solicitation covenants
  • Appellants found in breach of confidentiality obligations