Basic Solutions Ltd v Sands [2008] EWHC 1388 (QB) (23 June 2008)

Basic Solutions Ltd v Sands [2008] EWHC 1388 (QB) (23 June 2008)

The restrictive covenants were not triggered as the provision of samples did not constitute 'supply' under the contract. The 12-month restriction was excessive and unenforceable. No evidence supported the claim of breach of confidence. The Claimant failed to demonstrate a serious issue to be tried, and the balance of convenience favoured the Defendant.

Citation
[2008] EWHC 1388 (QB)
Parties
Claimant: Basic Solutions Limited; Defendant: Robert Sands
Jurisdiction
England and Wales
Judgment Date
23 June 2008
Procedural Posture
Interim Injunction Application / Judgment on Application
Outcome
Application for interim injunction refused
Legal Topics
Restrictive Covenants, Breach of Confidence, Non Compete Clauses, Confidential Information, Interim Injunctions
Employment Law Contract Law Equity Restrictive Covenants Breach of Confidence Non Compete Clauses Confidential Information Interim Injunctions

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 3 Party arguments 2
Sign in to unlock

Parties

Basic Solutions Limited

Claimant

Robert Sands

Defendant

Procedural Posture

Interim Injunction Application / Judgment on Application

Legal Issues

  1. 1 Whether the Defendant breached restrictive covenants in the employment contract
  2. 2 Whether the Defendant breached an equitable duty of confidence
  3. 3 Whether the restrictive covenants are enforceable

Ratio Decidendi

The restrictive covenants were not triggered as the provision of samples did not constitute 'supply' under the contract. The 12-month restriction was excessive and unenforceable. No evidence supported the claim of breach of confidence. The Claimant failed to demonstrate a serious issue to be tried, and the balance of convenience favoured the Defendant.

Court Disposition

Application for interim injunction refused

Orders

  • No injunction granted
  • Defendant permitted to participate in tendering process