Employee Competition Bulletin

Employee Competition views from Blackstone Chambers

The Bulletin provides updates on the topics covered extensively in Employee Competition: Covenants, Confidentiality, and Garden Leave (3rd ed, 2016) edited by Paul Goulding QC and to which many other members of Blackstone Chambers contribute.

Latest post
A changing approach to the issues of memory and contemporaneous documents?

In Jaffe v Greybull Capital [2024] EWHC 2534 (Comm) Cockerill J determined a case involving an allegation of fraudulent misrepresentations made orally eight years previously, in which: (i) there was …
16 Oct 24
Damages as an adequate remedy in Employee Competition claims

Much ink will be spilt over the Supreme Court’s decision in Tesco Stores v USDAW [2024] UKSC 28 relating to an implied contractual term preventing Tesco from firing (and then …
23 Sep 24

Craig Rajgopaul KC
Belief discrimination: another page in the chapter of this litigious area

This article was first published by ELA Briefing. Continuing the trend in cases concerning gender critical beliefs, the employment tribunal has upheld Roz Adams’ claims of belief discrimination, harassment and …
1 Jul 24

Kerenza Davis
Guidance from the Court of Appeal on employee competition injunctions

Derma Med Limited v Ally [2024] EWCA Civ 175 is a very recent Court of Appeal (“CA”) decision in an employee competition case (in the context of the sale of …
7 Mar 24

Craig Rajgopaul KC
Conflicting beliefs and balancing rights: lessons from Meade and Phoenix

This article was first published by ELA Briefing. Since Forstater established that gender critical beliefs are protected under s.10 of the Equality Act 2010 (ie the belief that biological sex …
1 Mar 24
The High Court takes a steely look at bonus clawback provisions

This article was first published by ELA Briefing. The case of Steel provides a helpful reminder of the law relating to the interaction of restraint of trade and bonus clawback …
4 Dec 23
Employee Competition: A hat trick of decisions on speedy trials

Having spent most of this year deeply entrenched in all the steps required for a six-week speedy trial in a team move case which settled on the first day of …
14 Nov 23

Craig Rajgopaul KC
FKJ v RVT [2023] EWHC 3 (HC)

This recent decision of Master Davison raises some interesting points about employers' use of employees' personal WhatsApp messages.
7 Mar 23

Kerenza Davis
Court of Appeal refuses injunction to enforce 12 month non-compete covenant

In Planon v Gilligan [2022] EWCA Civ 642 the Court of Appeal refused to grant an injunction to enforce a 12-month non-compete covenant that had only four months left to …
20 May 22

Craig Rajgopaul KC
Freedom of Contract and the Court’s approach to Blue Pencilling after Tillman

This article looks at the approach that the Courts have taken to blue pencilling restrictive covenants following the Supreme Court’s decision in Egon Zehnder Ltd v Tillman [2020] AC 154, …
26 Apr 22

Craig Rajgopaul KC
Imaging Orders and their relationship with Search Orders after TBD (Owen Holland) Ltd v Simons

In TBD (Owen Holland) Ltd v Simons [2020] EWCA Civ 1182, the Court of Appeal (“CA”) strongly urged that a standard form of imaging order be introduced under the Civil …
28 Jun 21
ELA Responds to the Government’s Consultation on Non-Compete Covenants

On 4 December 2020 the Government launched a consultation on measures to reform post-termination non-compete clauses in contracts of employment.
30 Mar 21

Kerenza Davis
Celgard (CA) – What amounts to sufficient particularisation of allegedly misused trade secrets depends on the circumstances of the case

In Shenzhen Senior Technology Material Co Ltd v Celgard [2020] EWCA Civ 1293, the Court of Appeal upheld interim injunctions granted to a US company to restrain a Chinese company …
18 Jan 21

Navid Pourghazi
The Death Knell for Costs Awards in Interim Injunctive Relief Applications?

One of the questions that claimants considering applying for interim injunctive relief frequently ask is whether they will be awarded their costs if successful in obtaining the injunction.
7 Jan 21

Craig Rajgopaul KC
Non-Competes: Government Proposes Far-Reaching Reforms

Earlier this month, the Government launched a consultation on measures to reform post-termination non-compete clauses in contracts of employment. It proposes two options for reform.
10 Dec 20

Paul Goulding KC
Is an employee claiming to have been wrongfully dismissed entitled to rely on a repudiatory breach discovered after his resignation?: Square Global Ltd v Leonard [2020] EWHC 1008

The answer given by Jon Turner QC (sitting as Deputy High Court Judge) in his obiter remarks is “yes”.
15 Jun 20

Gayatri Sarathy
Law Commission recommends Specialist High Court List for Employee Competition cases

In a potentially significant development for employee competition litigation, the Law Commission, in a report published on 29 April 2020, recommends that a specialist “Employment and Equalities List” be established …
29 Apr 20

Paul Goulding KC
Solicitor's Duty When Redacting Documents: Infederation Ltd v Google LLC [2020] EWHC 657 (Ch)

Solicitors should not necessarily be satisfied by their client’s view that open inspection of a document should be restricted on confidentiality grounds.
21 Apr 20

Paul Goulding KC
Inducing a breach of contract: Allen v Dodd & Co Ltd [2020] EWCA Civ 258

An employer is not liable for inducing a breach of contract where it receives legal advice that it is “more probable than not” that a restrictive covenant is unenforceable.
30 Mar 20

Paul Goulding KC
Construing restrictive covenants in a Shareholders’ Agreement: the Court of Appeal’s decision in Guest Services Worldwide Limited v Shelmerdine

The Court of Appeal overturned the decision of the High Court, in a decision concerning the construction of restrictive covenants in a shareholders’ agreement.
27 Feb 20

Celia Rooney

Employee Competition Bulletin

Employee Competition views from Blackstone Chambers

A changing approach to the issues of memory and contemporaneous documents?

Damages as an adequate remedy in Employee Competition claims

Belief discrimination: another page in the chapter of this litigious area

Guidance from the Court of Appeal on employee competition injunctions

Conflicting beliefs and balancing rights: lessons from Meade and Phoenix

The High Court takes a steely look at bonus clawback provisions

Employee Competition: A hat trick of decisions on speedy trials

FKJ v RVT [2023] EWHC 3 (HC)

Court of Appeal refuses injunction to enforce 12 month non-compete covenant

Freedom of Contract and the Court’s approach to Blue Pencilling after Tillman

Imaging Orders and their relationship with Search Orders after TBD (Owen Holland) Ltd v Simons

ELA Responds to the Government’s Consultation on Non-Compete Covenants

Celgard (CA) – What amounts to sufficient particularisation of allegedly misused trade secrets depends on the circumstances of the case

The Death Knell for Costs Awards in Interim Injunctive Relief Applications?

Non-Competes: Government Proposes Far-Reaching Reforms

Is an employee claiming to have been wrongfully dismissed entitled to rely on a repudiatory breach discovered after his resignation?: Square Global Ltd v Leonard [2020] EWHC 1008

Law Commission recommends Specialist High Court List for Employee Competition cases

Solicitor's Duty When Redacting Documents: Infederation Ltd v Google LLC [2020] EWHC 657 (Ch)

Inducing a breach of contract: Allen v Dodd & Co Ltd [2020] EWCA Civ 258

Construing restrictive covenants in a Shareholders’ Agreement: the Court of Appeal’s decision in Guest Services Worldwide Limited v Shelmerdine

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