SBJ Stephenson Ltd v Mandy [1999] EWHC 276 (QB) (30 July 1999)

SBJ Stephenson Ltd v Mandy [1999] EWHC 276 (QB) (30 July 1999)

The restrictive covenants in clauses 12A), 14(i), 14(ii), and 14(iii) were valid and enforceable, SBJ did not commit a repudiatory breach, Mr Mandy breached his obligations by soliciting clients and using confidential information, justifying injunctions and damages.

Citation
[1999] EWHC 276
Parties
Claimant: SBJ Stephenson Ltd; Defendant: Keith Mandy
Jurisdiction
England and Wales
Judgment Date
30 July 1999
Procedural Posture
Civil / Final Judgment
Outcome
Judgment for claimant
Legal Topics
Restrictive Covenants, Confidential Information, Non Solicitation, Breach of Contract, Implied Duty of Fidelity
Employment Law Contract Law Restrictive Covenants Confidential Information Non Solicitation Breach of Contract Implied Duty of Fidelity

Case Brief

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Parties

SBJ Stephenson Ltd

Claimant

Keith Mandy

Defendant

Procedural Posture

Civil / Final Judgment

Legal Issues

  1. 1 Are the post-termination restrictive covenants enforceable or void as unreasonable restraints of trade?
  2. 2 Did SBJ commit a repudiatory breach of contract discharging Mr Mandy from further performance?
  3. 3 Is there sufficient evidence of breach by Mr Mandy to justify continuing injunctions?

Ratio Decidendi

The restrictive covenants in clauses 12A), 14(i), 14(ii), and 14(iii) were valid and enforceable, SBJ did not commit a repudiatory breach, Mr Mandy breached his obligations by soliciting clients and using confidential information, justifying injunctions and damages.

Court Disposition

Judgment for claimant

Orders

  • Continuing injunctions granted to enforce clauses 12A), 14(i), 14(ii), and 14(iii) of the contract.
  • Damages awarded for loss of commission and fees caused by breach.