Kau Media Group Ltd v Hart [2025] EWHC 553 (KB) (12 March 2025)

Kau Media Group Ltd v Hart [2025] EWHC 553 (KB) (12 March 2025)

The Claimant failed to establish that the Defendant's proposed employment with MiSmile Media Ltd would breach enforceable post-termination restrictions. The PTRs were drafted too widely and not limited to what was reasonably necessary to protect legitimate business interests. The Claimant did not sufficiently particularise or prove the existence of trade secrets or confidential information deserving of protection. The non-compete clause was not enforceable, and the non-solicitation/non-deal clause was only enforceable to the extent of specific customers with whom the Defendant had material dealings, which were not adequately identified. Injunctive relief was refused.

Citation
[2025] EWHC 553 (KB)
Parties
Claimant: Kau Media Group Limited; Defendant: Thomas Hart
Jurisdiction
England and Wales
Judgment Date
12 March 2025
Procedural Posture
Employment Contract Restrictive Covenants / Speedy Trial Following Interim Injunction Application
Outcome
Claim dismissed
Legal Topics
Restrictive Covenants, Restraint of Trade, Post Termination Restrictions, Confidential Information, Non Compete Clauses, Non Solicitation Clauses
Employment Law Contract Law Restrictive Covenants Restraint of Trade Post Termination Restrictions Confidential Information Non Compete Clauses Non Solicitation Clauses

Case Brief

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Parties

Kau Media Group Limited

Claimant

Thomas Hart

Defendant

Procedural Posture

Employment Contract Restrictive Covenants / Speedy Trial Following Interim Injunction Application

Legal Issues

  1. 1 Are the post-termination restrictions (PTRs) in the employment contract enforceable against the Defendant?
  2. 2 Does the Defendant's proposed employment with MiSmile Media Ltd breach the PTRs?
  3. 3 Has the Claimant established a legitimate business interest deserving of protection?

Ratio Decidendi

The Claimant failed to establish that the Defendant's proposed employment with MiSmile Media Ltd would breach enforceable post-termination restrictions. The PTRs were drafted too widely and not limited to what was reasonably necessary to protect legitimate business interests. The Claimant did not sufficiently particularise or prove the existence of trade secrets or confidential information deserving of protection. The non-compete clause was not enforceable, and the non-solicitation/non-deal clause was only enforceable to the extent of specific customers with whom the Defendant had material dealings, which were not adequately identified. Injunctive relief was refused.

Court Disposition

Claim dismissed

Orders

  • No injunction granted
  • No order as to costs