HSBC Gibbs Ltd v Torrance [1998] ScotCS 96 (8 December 1998)

The Lord Ordinary properly exercised his discretion in granting interim interdict, having weighed the balance of convenience and given due consideration to the prejudice to both parties. The defender failed to show any error in the Lord Ordinary's approach.

Citation: [1998] ScotCS 96
Parties: Pursuers and Respondents: HSBC Gibbs Limited; Defender and Reclaimer: Alan Torrance
Jurisdiction: Scotland
Judgment Date: 08 December 1998
Procedural Posture: Reclaiming Motion (appeal) / Interim Interdict (interlocutory)
Outcome: Reclaiming motion refused; interim interdict maintained.
Legal Topics: Restrictive Covenants, Interim Interdict, Balance of Convenience

Employment Law Contract Law Restrictive Covenants Interim Interdict Balance of Convenience

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Party arguments 2 Amounts and remedies 1

Parties

HSBC Gibbs Limited

Pursuers and Respondents

Alan Torrance

Defender and Reclaimer

Procedural Posture

Reclaiming Motion (appeal) / Interim Interdict (interlocutory)

Legal Issues

1 Whether the interim interdict restraining the defender from soliciting clients is justified on the balance of convenience
2 Whether the Lord Ordinary erred in exercising discretion to grant interim interdict

Ratio Decidendi

Court Disposition

Reclaiming motion refused; interim interdict maintained.

Orders

Interim interdict against Alan Torrance maintained until 31 July 1999, restraining him from soliciting or transacting business with certain clients of HSBC Gibbs Limited.