EE and Brian Smith (1928) Ltd v Hodson and others: CA 23 Nov 2007

The defendants appealed grant of an interim injunction to enforce restrictive employment covenants. The second defendant had sold his interest in the claimant company in 2001, but after his consultancy ended, he set up another business, the third defendant. The first defendant had worked for the claimant, but left o work in the third defendant company. The employment contracts had contained non-compete clauses. A major customer switched to the new company.
Held: The order was rescinded and an undertaking accepted. There had been delay, and the form of order was too wide. The balance of convenience was in favour of accepting undertakings because of the shortened period now involved.


Carnwath LJ, Moses Lj, Richards LJ


[2007] EWCA Civ 1210




England and Wales


CitedFilms Rover International Ltd v Cannon Film Sales Ltd 1987
The grant of an interlocutory injunction, whether prohibitory or mandatory, depends on what is sometimes called the balance of convenience but is more accurately an assessment of whether granting or withholding the injunction at that stage is more . .
CitedEnglish v Emery Reimbold and Strick Ltd; etc, (Practice Note) CA 30-Apr-2002
Judge’s Reasons Must Show How Reached
In each case appeals were made, following Flannery, complaining of a lack of reasons given by the judge for his decision.
Held: Human Rights jurisprudence required judges to put parties into a position where they could understand how the . .
CitedFlannery and Another v Halifax Estate Agencies Ltd, Trading As Colleys Professional Services CA 18-Feb-1999
A judge at first instance taking a view on an expert’s report should give reasons in his judgment for that view. On appeal, where no reasons had been given, he should be asked to provide reasons by affidavit for the appeal. An inadequately reasoned . .
Lists of cited by and citing cases may be incomplete.


Updated: 14 November 2022; Ref: scu.261493