Accounting, Secretarial & Personnel Ltd (t/a " Asap Recruitment") v Hallford [2000] ScotCS 222 (10 August 2000)

Accounting, Secretarial & Personnel Ltd (t/a " Asap Recruitment") v Hallford [2000] ScotCS 222 (10 August 2000)

There is a prima facie case for the pursuers as the restrictions are limited to the contractual notice period and are supported by authority; the balance of convenience favours the pursuers as the defender's actions precipitated the situation and he is alleged to be using confidential information to his own benefit.

Citation
[2000] ScotCS 222
Parties
Pursuer: Accounting Secretarial and Personnel Limited, t/a "a.s.a.p. recruitment"; Defender: Stuart Hallford
Jurisdiction
Scotland
Judgment Date
10 August 2000
Procedural Posture
Interim Interdict (injunction) Application in Employment Dispute / Motion Roll; Application to Recall and Amend Interim Interdict
Outcome
Interim interdict as originally pronounced recalled; new interdict to be pronounced in amended terms applying both geographical and temporal restrictions to both relevant paragraphs; expenses of the motion awarded to the pursuers.
Legal Topics
Restrictive Covenants, Interim Interdicts, Employee Fiduciary Duties, Geographical and Temporal Restrictions in Employment Contracts
Employment Law Contract Law Restrictive Covenants Interim Interdicts Employee Fiduciary Duties Geographical and Temporal Restrictions in Employment Contracts

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Parties

Accounting Secretarial and Personnel Limited, t/a "a.s.a.p. recruitment"

Pursuer

Stuart Hallford

Defender

Procedural Posture

Interim Interdict (injunction) Application in Employment Dispute / Motion Roll; Application to Recall and Amend Interim Interdict

Legal Issues

  1. 1 Whether the interim interdict as originally pronounced was in appropriate terms
  2. 2 Whether there is a prima facie case for the pursuers to enforce restrictive covenants
  3. 3 Whether the geographical and temporal scope of the restriction is reasonable

Ratio Decidendi

There is a prima facie case for the pursuers as the restrictions are limited to the contractual notice period and are supported by authority; the balance of convenience favours the pursuers as the defender's actions precipitated the situation and he is alleged to be using confidential information to his own benefit.

Court Disposition

Interim interdict as originally pronounced recalled; new interdict to be pronounced in amended terms applying both geographical and temporal restrictions to both relevant paragraphs; expenses of the motion awarded to the pursuers.

Orders

  • Recall of original interim interdict
  • Pronouncement of amended interim interdict with specified geographical and temporal restrictions