Capgemini India Private Ltd & Anor v Krishnan [2014] EWHC 1092 (QB) (27 February 2014)

Capgemini India Private Ltd & Anor v Krishnan [2014] EWHC 1092 (QB) (27 February 2014)

The existence of undertakings given by defendants with independent legal advice is a material factor but not decisive; the court must consider all circumstances, including public policy and adequacy of damages. Claimants failed to establish necessity or justice for interim injunction as damages are adequate and no legitimate commercial interest is at risk.

Citation
[2014] EWHC 1092
Parties
Claimant: Capgemini India Private Limited; Claimant: Capgemini Financial Services UK; Defendant: Krishnan
Jurisdiction
England and Wales
Judgment Date
27 February 2014
Procedural Posture
Interim Injunction Application / Pre Trial
Outcome
application dismissed
Legal Topics
Restrictive Covenants, Restraint of Trade, Interim Injunctions, Compromise Agreements
Employment Law Contract Law Restrictive Covenants Restraint of Trade Interim Injunctions Compromise Agreements

Case Brief

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Parties

Capgemini India Private Limited

Claimant

Capgemini Financial Services UK

Claimant

Krishnan

Defendant

Procedural Posture

Interim Injunction Application / Pre Trial

Legal Issues

  1. 1 Whether defendants are precluded from challenging enforceability of restrictive covenant due to undertakings given after termination of employment
  2. 2 Whether interim injunction should be granted to enforce post-termination restrictions

Ratio Decidendi

The existence of undertakings given by defendants with independent legal advice is a material factor but not decisive; the court must consider all circumstances, including public policy and adequacy of damages. Claimants failed to establish necessity or justice for interim injunction as damages are adequate and no legitimate commercial interest is at risk.

Court Disposition

application dismissed

Orders

  • interim injunction refused