Brightwater v. Allen & Anor [2005] IEHC 155 (12 May 2005)

Brightwater v. Allen & Anor [2005] IEHC 155 (12 May 2005)

The plaintiff established beyond reasonable doubt that the first defendant and second defendant breached the order of 17 January 2005 by soliciting A. & L. Goodbody, a client of the plaintiff within the relevant period; other complaints were not proven to the requisite standard.

Citation
[2005] IEHC 155
Parties
Plaintiff: Brightwater; First Defendant: Gemma Allen; Second Defendant: Robert Walters Limited
Jurisdiction
Ireland
Judgment Date
12 May 2005
Procedural Posture
Civil / Interlocutory Application for Contempt and Related Orders
Outcome
Limited finding of breach; further submissions to be heard on form of order.
Legal Topics
Restraint of Trade, Confidential Information, Breach of Undertaking, Contempt of Court, Interlocutory Injunction
Employment Law Contract Law Civil Procedure Restraint of Trade Confidential Information Breach of Undertaking Contempt of Court Interlocutory Injunction

Case Brief

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Parties

Brightwater

Plaintiff

Gemma Allen

First Defendant

Robert Walters Limited

Second Defendant

Procedural Posture

Civil / Interlocutory Application for Contempt and Related Orders

Legal Issues

  1. 1 Whether the defendants breached undertakings and court orders relating to restraint of trade and confidential information
  2. 2 Whether contempt of court is established beyond reasonable doubt

Ratio Decidendi

The plaintiff established beyond reasonable doubt that the first defendant and second defendant breached the order of 17 January 2005 by soliciting A. & L. Goodbody, a client of the plaintiff within the relevant period; other complaints were not proven to the requisite standard.

Court Disposition

Limited finding of breach; further submissions to be heard on form of order.