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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
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
* “PROFOUND” CHANGES AFOOT FOR ANTI-SUIT INJUNCTIONS?: GRAY V HURLEY
This case if of importance to those dealing with international employment
disputes, especially the cross-border enforcement of restrictive covenants.
10 Feb 20
Kerenza Davis
* NON-COMPETE COVENANTS AND THE BALANCE OF CONVENIENCE: AFFINITY WORKFORCE
SOLUTIONS LTD V MCCANN
The High Court recently refused to grant an interim injunction in support of
an alleged non-compete covenant, in particular because of the initial
approach taken by the employer upon finding …
18 Nov 19
Daniel Cashman
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