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Freshasia Foods Ltd v Jing Lu: ChD 4 Jan 2019

The Court granted an interlocutory injunction by way of enforcement of parts of an employee’s non-solicitation post-employment covenant. Treating the inquiry as purely interlocutory, he made only provisional determinations. These were that three aspects of the covenant were unreasonably wide but that, following severance, they should be removed from the remainder. Prompted in part, so it would seem, by the Court of Appeal’s decision against which this present appeal is brought, he conducted a wide-ranging survey of the law of severance of post-employment restraints in which he made a number of valuable observations.

Judges:

Mr Daniel Alexander QC

Citations:

[2018] EWHC 3644 (Ch)

Links:

Bailii

Jurisdiction:

England and Wales

Citing:

CitedTillman v Egon Zehnder Ltd CA 21-Jul-2017
Post employment restrictive covenant – unreasonable restraint of trade – six months restriction – not to become shareholder in a competitor.
Held: The injunction against employment and holding the shares was discharged. The Court rejected the . .

Cited by:

Interlocutory InjunctionFreshasia Foods Ltd v Lu ChD 20-Mar-2019
The Court considered continuation of an interim injunction to enforce a post employment restrictive covenant.
Held: Arnold J ruled that the employer had failed to establish legitimate interests which required the protection of the covenant. He . .
Lists of cited by and citing cases may be incomplete.

Employment, Contract

Updated: 10 April 2022; Ref: scu.632154

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