8 May 2012
ONYX BAR & CAFE (CAMBRIDGE) LIMITED V JANS HC HAM CIV 2011-419-1127
- Citation
- openlaw-e75f9eb7_cb94_4f1b_8e3c_19b1fa7deae5.pdf
- Court
- High Court
The deed of indemnity and surrounding facts demonstrated the defendant knowingly participated in and procured the breach of the restraint of trade, knew of the contract, intended to participate in the business and benefit, and provided no justification; therefore on the material before the Court there was no real defence and summary judgment was appropriate subject to resolution of the effect of payments made by Mr Wilson on quantum. The Court also released the plaintiff from any undertaking restricting use of the discovered deed.