Pickwell & Anor v Pro Cam CP Ltd [2016] EWHC 1304 (QB) (03 June 2016)

Pickwell & Anor v Pro Cam CP Ltd [2016] EWHC 1304 (QB) (03 June 2016)

The court held that the claimants' acceptance and continued employment under the formal contracts, which included restrictive covenants, was only referable to their acceptance of those terms. The provision of access to clients, training, and increased remuneration constituted sufficient consideration. The covenants protected legitimate business interests and were reasonable. Therefore, the restrictive covenants were enforceable.

Citation
[2016] EWHC 1304
Parties
Claimant: James Pickwell; Claimant: Molly Nicholls; Defendant: Pro Cam CP Limited
Jurisdiction
England and Wales
Judgment Date
03 June 2016
Procedural Posture
Employment Restrictive Covenants / Judgment After Trial
Outcome
Claims dismissed; judgment for the defendant.
Legal Topics
Restrictive Covenants, Consideration in Employment Contracts, Enforceability of Post Termination Restraints
Employment Law Contract Law Restrictive Covenants Consideration in Employment Contracts Enforceability of Post Termination Restraints

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 10 Party arguments 2 Amounts and remedies 8
Sign in to unlock

Parties

James Pickwell

Claimant

Molly Nicholls

Claimant

Pro Cam CP Limited

Defendant

Procedural Posture

Employment Restrictive Covenants / Judgment After Trial

Legal Issues

  1. 1 Whether restrictive covenants in the claimants' employment contracts are enforceable
  2. 2 Whether there was sufficient consideration for the restrictive covenants signed after employment commenced
  3. 3 Whether the covenants protect a legitimate business interest

Ratio Decidendi

The court held that the claimants' acceptance and continued employment under the formal contracts, which included restrictive covenants, was only referable to their acceptance of those terms. The provision of access to clients, training, and increased remuneration constituted sufficient consideration. The covenants protected legitimate business interests and were reasonable. Therefore, the restrictive covenants were enforceable.

Court Disposition

Claims dismissed; judgment for the defendant.

Orders

  • Declaratory relief denied to claimants
  • Restrictive covenants held enforceable