Coppage & Anor v Safety Net Security Ltd

Coppage & Anor v Safety Net Security Ltd

The non-solicitation clause was reasonable in scope and duration given Mr Coppage’s role and customer contact; the clause protected a legitimate proprietary interest and was not an unreasonable restraint of trade. The judge was entitled to find a minimum loss of £50,000 based on the evidence of lost gross revenue and general profitability, especially in the absence of contrary evidence from the appellants.

Parties
Appellant: Leonard Coppage; Appellant: Freedom Security Limited; Respondent: Safety Net Security Ltd
Jurisdiction
England and Wales
Judgment Date
11 October 2013
Procedural Posture
Civil Appeal / Appeal Judgment
Outcome
appeal dismissed
Legal Topics
Restrictive Covenants, Restraint of Trade, Breach of Fiduciary Duty, Quantum of Damages
Employment Law Contract Law Restrictive Covenants Restraint of Trade Breach of Fiduciary Duty Quantum of Damages

Case Brief

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Parties

Leonard Coppage

Appellant

Freedom Security Limited

Appellant

Safety Net Security Ltd

Respondent

Procedural Posture

Civil Appeal / Appeal Judgment

Legal Issues

  1. 1 Whether the non-solicitation clause in Mr Coppage’s contract was enforceable or an unreasonable restraint of trade
  2. 2 Whether there was a breach of fiduciary duty by Mr Coppage
  3. 3 Whether the quantum of damages awarded was justified

Ratio Decidendi

The non-solicitation clause was reasonable in scope and duration given Mr Coppage’s role and customer contact; the clause protected a legitimate proprietary interest and was not an unreasonable restraint of trade. The judge was entitled to find a minimum loss of £50,000 based on the evidence of lost gross revenue and general profitability, especially in the absence of contrary evidence from the appellants.

Court Disposition

appeal dismissed

Orders

  • The appeal is dismissed.
  • The judgment and orders of the trial judge are upheld.