header-logo header-logo

03 November 2023 / Caroline Field
Issue: 8047 / Categories: Features , Employment , Competition
printer mail-detail

Court of Appeal weighs in on non-compete clauses & interim injunctions

145196
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

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Clarke Willmott—Matthew Roach

Clarke Willmott—Matthew Roach

Partner joins commercial property team in Taunton office

Farrer & Co—Richard Lane

Farrer & Co—Richard Lane

Londstanding London firm appoints new senior partner

Bird & Bird—Sue McLean

Bird & Bird—Sue McLean

Commercial team in London welcomes technology specialist as partner

NEWS
The legal profession’s claim to be a ‘guardian of fairness’ is under scrutiny after stark findings on gender imbalance and opaque progression. Writing in NLJ this week, Joshua Purser of No5 Barristers’ Chambers and Govindi Deerasinghe of Global 50/50 warn that leadership remains dominated by a narrow elite, with men holding 71% of top court roles
A legal challenge to police disclosure rules has failed, reinforcing a push for transparency in policing. In NLJ this week, Neil Parpworth examines a case where the Metropolitan Police required officers to declare membership of groups like the Freemasons
Bereavement leave is undergoing a quiet but profound transformation. Writing in NLJ this week, Robert Hargreaves of York St John University explains how the Employment Rights Act 2025 introduces a day-one right to leave for a wider range of losses, alongside new provisions for pregnancy loss and bereaved partners
Courts are beginning to grapple with whether AI-generated material is legally privileged—and the answers are mixed. In this week's issue of NLJ, Stacie Bourton, Tom Whittaker & Beata Kolodziej of Burges Salmon examine US rulings showing how easily privilege can be lost
New guidance seeks to bring order to the growing use of artificial intelligence (AI) in expert evidence. Writing in NLJ this week, Minesh Tanna and David Bridge of Simmons & Simmons set out a framework stressing ‘transparency’, ‘explainability’ and ‘reliability’
back-to-top-scroll