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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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NEWS
The Law Society RFC Festival of Sport returns next month, bringing together legal and financial services professionals for one of the sector’s largest annual sporting events
Legal aid deserts leave almost one in four without adequate access to justice
The Solicitors Regulation Authority (SRA) has warned solicitors and law firms that using artificial intelligence does not alter their professional obligations, amid concerns over inaccurate legal material and client confidentiality
From forgotten interest claims to case-management appeals, a string of procedural developments offers useful—and occasionally cautionary—lessons for practitioners

Jonathan Fisher KC highlights that it now accounts for around 40% of criminal offences, with roughly 70% involving technology, and argues that the UK cannot simply prosecute its way out of the problem. Detection, investigation and prosecution all require improvement, while different fraud types demand tailored responses.

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