Phoenix Partners Group Llp v Asoyag

Phoenix Partners Group Llp v Asoyag

The claimant failed to demonstrate a real prospect of establishing at trial that the defendant's activities for GFI amounted to competition with Phoenix or breached the restrictive covenants, nor that confidential information was misused; the injunction was discharged as the evidence did not support ongoing restraint.

Parties
Claimant: Phoenix Partners Group LLP; Defendant: Maurice Asoyag
Jurisdiction
England and Wales
Judgment Date
21 April 2010
Procedural Posture
Employment / Interlocutory Application for Discharge of Injunction
Outcome
injunction discharged
Legal Topics
Restrictive Covenants, Restraint of Trade, Breach of Confidence, Injunctive Relief
Employment Law Contract Law Restrictive Covenants Restraint of Trade Breach of Confidence Injunctive Relief

Case Brief

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Parties

Phoenix Partners Group LLP

Claimant

Maurice Asoyag

Defendant

Procedural Posture

Employment / Interlocutory Application for Discharge of Injunction

Legal Issues

  1. 1 Whether the defendant breached post-termination restrictive covenants in his employment contract
  2. 2 Whether the restrictive covenants are enforceable or void as unlawful restraints of trade
  3. 3 Whether the defendant misused confidential information belonging to the claimant

Ratio Decidendi

The claimant failed to demonstrate a real prospect of establishing at trial that the defendant's activities for GFI amounted to competition with Phoenix or breached the restrictive covenants, nor that confidential information was misused; the injunction was discharged as the evidence did not support ongoing restraint.

Court Disposition

injunction discharged

Orders

  • The injunction granted on 25 March 2010 is discharged.
  • No further injunctive relief is granted against the defendant.