Pickwell & Anor v Pro Cam CP Ltd

Pickwell & Anor v Pro Cam CP Ltd

The restrictive covenants were enforceable because there was sufficient consideration for the contracts, the covenants protected legitimate business interests in customer connection and goodwill, and their scope and duration were no wider than reasonably necessary. The claimants expressly consented to the terms, and...

Source-derived case information.

Parties
Claimant: James Pickwell; Claimant: Molly Nicholls; Defendant: Pro Cam CP Limited
Jurisdiction
England and Wales
Judgment Date
03 June 2016
Procedural Posture
Employment / Judgment After Trial
Outcome
Claims dismissed; judgment for the defendant on the counterclaim.
Legal Topics
Restrictive Covenants, Consideration, Restraint of Trade, Employment Contracts
Employment Law Contract Law Restrictive Covenants Consideration Restraint of Trade Employment Contracts

Source-derived case record

Summary, issues, holding and outcome

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Parties

James Pickwell

Claimant

Molly Nicholls

Claimant

Pro Cam CP Limited

Defendant

Procedural Posture

Employment / Judgment After Trial

Legal Issues

  1. 1 Whether restrictive covenants in the claimants' contracts of employment are enforceable
  2. 2 Whether there was adequate consideration for the restrictive covenants
  3. 3 Whether the restrictive covenants protect a legitimate interest and are no wider than reasonably necessary

Ratio Decidendi

The restrictive covenants were enforceable because there was sufficient consideration for the contracts, the covenants protected legitimate business interests in customer connection and goodwill, and their scope and duration were no wider than reasonably necessary. The claimants expressly consented to the terms, and their continued employment and access to clients depended on acceptance of the covenants.

Court Disposition

Claims dismissed; judgment for the defendant on the counterclaim.

Orders

  • Restrictive covenants in the claimants' contracts of employment are enforceable.
  • Appropriate final order to be drawn up by counsel.