Conclusions
Conclusions
For the reasons set out above, I consider that the Claimant has failed to prove the pleaded breaches of contract by the Defendant.
For the reasons set out above, I consider that the restrictive covenant against competition in clause 19, bullet point 3, of the 2022 contract goes further than is reasonably necessary to protect the Claimant’s legitimate business interests and is unenforceable. I consider that, on the evidence, the duration; the range of businesses being protected; the range of competing businesses and the roles banned were all not reasonably necessary.
In my judgment the offending words in clause 19 bullet point 3 (or intends to be) can be severed but the clause is not saved by doing so.
I discharged the interim injunction at the end of the hearing. The undertakings given shall continue.
END
- Heading
- Tuesday 4 th November 2025
- Bundles
- Summary
- The main issues
- Pleadings and chronology of the action
- Factual issues
- The lay witness evidence
- Assessment of lay witnesses
- The expert evidence
- Findings of fact
- The contract and the restrictive covenants
- The Law
- Applying the law to the facts
- Conclusions
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