[2025] EWHC 2873 (KB)
King's / Queen's Bench Division of the High Court

[2025] EWHC 2873 (KB)

Fecha: 21-Oct-2025

Factual issues

Factual issues

10.

The main factual issues on breach of duty arising from the pleadings were as follows:

10.1

Did the Defendant’s actions: in talking to Trunk Australia, Mr Kwak and Mr Morrison, amount to a breach of his express and implied duties to the Claimant?

10.2

Did the Defendant’s actions in delaying returning the two USB sticks, which contained the Claimant’s information about customers, and in failing to assist with handovers in the 1 month notice period, amount to breaches of the Defendant’s contractual duties to the Claimant?

10.3

Why the Defendant left the Claimant’s employment and whether he ran down sales intentionally with a view to competing.

10.4

Whether failing to invite customers to the Claimant’s June 2025 trunk sale in London was a breach of duty.

10.5

Whether the Defendant was actually unwell when his GP certified him as unwell.

11.

The main factual issues relating to the RCC arising from the pleadings were as follows:

11.1

Whether the Defendant had confidential information about the Claimant’s business over and above the information about the customers which he dealt with.

11.2

What the mean or the average customer sales cycles were at various times with various customers and whether they were relevant to the length of the RCC.

11.3

How much time it took or would generally take to rebuild a worthwhile relationship between a replacement salesperson and the Defendant’s old customers.

11.4

Whether the was any proper consideration of the relevant employer/employee interests and discussion thereof when the Claimant increased the length of the RCC in 2022 and increased the scope of the RCC from that set out in the 2017 contract.