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03 November 2023 / Caroline Field
Issue: 8047 / Categories: Features , Employment , Competition
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Court of Appeal weighs in on non-compete clauses & interim injunctions

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Caroline Field covers recent developments in the use of non-compete clauses to control ex-employees
  • Rare Court of Appeal consideration of approach to obtaining interim injunctive relief in relation to non-compete covenants.
  • Considers the extent to which the court should grapple with meaning and merits, impact of damages as an adequate remedy for the parties and the effect of delay on grant of interim injunctive relief.
  • Caselaw demonstrates flexible approach to fact sensitive cases, which may be difficult to replicate by proposed statutory intervention.

It is a rare treat for those employee competition law geeks among us to have the benefit of the Court of Appeal’s input in the context of obtaining interim injunctive relief. In Planon Limited v Gilligan [2022] EWCA Civ 642 and Boydell v NZP Ltd and others [2023] EWCA Civ 373, the appellate court shared its approach to elements of the test for granting injunctive relief laid down in American Cyanamid Co v Ethicon Ltd [1975] AC 396 and other procedural matters

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MOVERS & SHAKERS

Ward Hadaway—19 promotions

Ward Hadaway—19 promotions

19 promotions across national offices, including two new partners

Brabners—Ruth Hargreaves

Brabners—Ruth Hargreaves

Partner promoted to head of corporate team

Slater Heelis—Liam Hall, Jordan Bear & Joe Madigan

Slater Heelis—Liam Hall, Jordan Bear & Joe Madigan

Chester office expansion accelerates with triple appointment

NEWS
As AI chatbots increasingly provide legal and commercial advice, English law is beginning to confront who should bear responsibility when automated systems get things wrong
Businesses are facing a ‘dramatic rise in prosecution risks’ as sweeping reforms to corporate criminal liability come into force, expanding the net of who can be held responsible for wrongdoing inside organisations
The Court of Appeal’s decision in Mazur v Charles Russell Speechlys has reignited debate over what exactly counts as the ‘conduct of litigation’ in modern legal practice
A controversial High Court financial remedies ruling has reignited debate over secrecy, non-disclosure and fairness in divorce proceedings involving hidden wealth
Britain’s deferred prosecution agreement regime is undergoing a significant shift, with prosecutors placing renewed emphasis on corporate cooperation, reform and early self-reporting
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