Dawnay, Day and Co Limited; Wilcourt Investments Limited v D’Alphen; Johnston; Parkman; Cantor Fitzgerald International: CA 22 May 1997

The defendants were investment managers who left the plaintiff’s employment to take up posts with a rival. DD issued these proceedings claiming to enforce inter alia contractual undertakings by the defendants not to compete with the business of DDS, not to solicit business from the customers of DDS and not to solicit or entice away members of the staff of DDS, for the period of one year from the date when their employment ended. The managers contend that the undertakings are void and unenforceable against them as being an unlawful restraint of trade.
[1998] ICR 1068, [1997] EWCA Civ 1753, [1997] IRLR 442
England and Wales
CitedOffice Angels Ltd v Rainer-Thomas CA 1991
Reasonability Test of Post Employment Restriction
The court re-stated the principles applicable in testing whether an employee’s restrictive covenant was reasonable: ‘The court cannot say that a covenant in one form affords no more than adequate protection to a covenantee’s relevant legitimate . .

Cited by:
CitedAssociated Foreign Exchange Ltd v International Foreign Exchange (UK) Ltd and Another ChD 26-May-2010
The claimant sought interim injunctions to enforce a restrictive covenant against solicitation of customers in a former employee’s contract. The employee, a FOREX dealer, had been placed on garden leave for three months and then his contract . .

These lists may be incomplete.
Updated: 21 June 2021; Ref: scu.142149