Accounting, Secretarial & Personnel Ltd (t/a "Asap Recruitment") v Power [2000] ScotCS 223 (10 August 2000)

Accounting, Secretarial & Personnel Ltd (t/a "Asap Recruitment") v Power [2000] ScotCS 223 (10 August 2000)

There is a prima facie case that duties of fidelity and good faith, including non-solicitation, survive termination of employment for a reasonable period even without a written contract, and a two-month period is not excessive given the circumstances.

Citation
[2000] ScotCS 223
Parties
Pursuer: Accounting Secretarial and Personnel Limited, t/a 'a.s.a.p. recruitment'; Defender: Edward Power
Jurisdiction
Scotland
Judgment Date
10 August 2000
Procedural Posture
Motion to Recall Interim Interdict / Interlocutory
Outcome
motion to recall interdict refused
Legal Topics
Interim Interdict, Reasonable Notice, Duty of Fidelity, Solicitation of Clients, Confidential Information
Employment Law Contract Law Interim Interdict Reasonable Notice Duty of Fidelity Solicitation of Clients Confidential Information

Case Brief

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Parties

Accounting Secretarial and Personnel Limited, t/a 'a.s.a.p. recruitment'

Pursuer

Edward Power

Defender

Procedural Posture

Motion to Recall Interim Interdict / Interlocutory

Legal Issues

  1. 1 Whether an interim interdict restraining solicitation of clients should be recalled where no written contract of employment exists but common law duties apply
  2. 2 What constitutes a reasonable period of notice in the absence of a written contract
  3. 3 Whether duties of fidelity and good faith survive termination of employment in these circumstances

Ratio Decidendi

There is a prima facie case that duties of fidelity and good faith, including non-solicitation, survive termination of employment for a reasonable period even without a written contract, and a two-month period is not excessive given the circumstances.

Court Disposition

motion to recall interdict refused

Orders

  • interim interdict to remain in force
  • expenses awarded to pursuers