![[2025] EWHC 2873 (KB)](https://backend.juristeca.com/files/emisores/logo_AJKZXmE.png){kind=logo}
The main issues
The main issues
There were two main issues of mixed fact and law:
did the Defendant breach the terms of his contract relating to good faith, fidelity and confidentiality?
is clause 19, bullet point 3, of the employment contract, which is the restrictive covenant against competition (RCC), enforceable? Within that second issue the parties agreed that the Court should decide on:
the proper construction of the RCC;
the legitimate business interests covered by the RCC;
whether the RCC goes further than is reasonably necessary to protect the Claimant’s legitimate business interests and is unenforceable;
whether the offending words (if any) can be severed to save the validity of the RCC.
The applications
Cross applications were made at the start of the hearing for specific disclosure. I dismissed both for the reasons given in an extempore judgment.
- 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