Net Affinity Ltd -v- Conaghan & Ors [2011] IEHC 160 (22 March 2011)

Net Affinity Ltd -v- Conaghan & Ors [2011] IEHC 160 (22 March 2011)

The non-compete clause was void and unenforceable as it was excessively wide and not limited geographically or to existing customers. Injunctive relief was granted to prevent the first defendant and second defendant from soliciting, approaching, or dealing with any existing clients of the plaintiff for twelve months, as this was reasonably necessary to protect confidential information and customer connections.

Citation
[2011] IEHC 160
Parties
Plaintiff: Net Affinity Limited; First Defendant: Michelle Conaghan; Second Defendant: Revmac Limited trading as Avvio
Jurisdiction
Ireland
Judgment Date
22 March 2011
Procedural Posture
Interlocutory Injunction Application / High Court Interlocutory Hearing
Outcome
Non-compete clause declared void and unenforceable; limited injunction granted.
Legal Topics
Non Compete Clauses, Confidential Information, Restraint of Trade, Breach of Contract, Intellectual Property
Employment Law Contract Law Non Compete Clauses Confidential Information Restraint of Trade Breach of Contract Intellectual Property

Case Brief

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Parties

Net Affinity Limited

Plaintiff

Michelle Conaghan

First Defendant

Revmac Limited trading as Avvio

Second Defendant

Procedural Posture

Interlocutory Injunction Application / High Court Interlocutory Hearing

Legal Issues

  1. 1 Whether the prohibition on working for a competitor is void as being in unlawful restraint of trade
  2. 2 What measures are required to enforce the protection of confidential information/intellectual property
  3. 3 Whether the first defendant is in breach of her duty of confidence/contract of employment

Ratio Decidendi

The non-compete clause was void and unenforceable as it was excessively wide and not limited geographically or to existing customers. Injunctive relief was granted to prevent the first defendant and second defendant from soliciting, approaching, or dealing with any existing clients of the plaintiff for twelve months, as this was reasonably necessary to protect confidential information and customer connections.

Court Disposition

Non-compete clause declared void and unenforceable; limited injunction granted.

Orders

  • First defendant restrained from soliciting, approaching, or dealing with any existing customers of the plaintiff for twelve months.
  • Second defendant restrained from soliciting, approaching, or dealing with any existing customers of the plaintiff for twelve months.