RICHARD BISHOP AGAINST 3i INVESTMENTS PLC [2014] ScotCS CSOH_152 (17 October 2014)

RICHARD BISHOP AGAINST 3i INVESTMENTS PLC [2014] ScotCS CSOH_152 (17 October 2014)

Mr Bishop was not a competing leaver under the LPAs because BGF operates in a distinct investment product sector from 3i, differentiated by investment banding, and there was no actual or deemed competition between the companies.

Citation
[2014] ScotCS CSOH_152
Parties
Pursuer: Richard Bishop; Defender: 3i Investments PLC
Jurisdiction
Scotland
Judgment Date
17 October 2014
Procedural Posture
Commercial Action / Judgment
Outcome
Declarator granted in favour of pursuer
Legal Topics
Interpretation of Contractual Terms, Competing Leaver Provisions, Carried Interest, Restraint of Trade

Case Brief

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Parties

Richard Bishop

Pursuer

3i Investments PLC

Defender

Procedural Posture

Commercial Action / Judgment

  1. 1 Proper construction of 'competing leaver' in LPAs
  2. 2 Whether Mr Bishop was correctly classified as a competing leaver upon joining BGF

Ratio Decidendi

Mr Bishop was not a competing leaver under the LPAs because BGF operates in a distinct investment product sector from 3i, differentiated by investment banding, and there was no actual or deemed competition between the companies.

Court Disposition

Declarator granted in favour of pursuer

Orders

  • Sustain pursuer’s first plea-in-law
  • Grant decree of declarator in terms of the first conclusion