Chris has extensive experience in all aspects of business protection cases including the duty of fidelity, fiduciary duties, preparations to compete, breach of confidence, data protection issues, garden leave, restrictive covenants and springboard relief. He is involved from without notice applications for injunctions (including search orders and computer imaging orders) all the way through to trial and across a broad range of business sectors including financial/ investment services, engineering, oil and gas and recruitment services. His cases frequently require consideration of contractual issues arising not just from a contract of employment but also shareholders’ agreements and share purchase agreements. He has appeared in many of the major recent trials/ significant hearings in this area, including:
UK Legal Way Ltd v Advanced Way Accounting Ltd [2020] successful resistance of without notice/ short notice injunction application brought during lockdown
Wells and Solari v Cathay Investments 2 Ltd [2019] EWHC 2996 (QB) gross misconduct’ confidential information; shareholders’ agreements
Element Materials Technology Ltd v Wolff and Others [2019] compromised team move claim
S Cartwright & Sons (Coachbuilders) Limited v (1) Pollock (2) Tiger Trailers Ltd [2018] successful defence of breach of restrictive covenant/ confidential information claim
Tenon FM Ltd v Cawley [2019] IRLR 435 successful opposition to interim injunction application; unsigned restrictive covenants
Bourne Rail v Ashton and Others [2018] EWHC 73 (QB) standard of proof; conspiracy/ breach of confidence and inducement to breach contract
Affinity v Ferguson and Ors [2017]; [2016] EWHC 2319 (QB) a multi-day trial in which Chris’ opponent chose to withdraw the £10 million claim after Chris’ cross-examination of his principal witnesses
Capita plc v Darch [2017] IRLR 718 appropriateness of interim injunctive relief including delivery up; property rights in emails
Richards and Purves v IP Solutions [2017] IRLR 133 consideration of “material breach” and limiting of the size of the award made to two former directors and employees of a company after a corporate acquisition.
Rush Hair v Gibson- Forbes [2017] IRLR 48 “the concealment principle”; attempted use of agent company to avoid restrictions
Decorus Ltd v Penfold [2016] EWHC 1421 (QB) exceeding the limits of preparations permitted by law to set up a competing business
J M Finn v Holliday [2014] IRLR 102 (QB) speedy trial/ garden leave
Thomson Ecology v Hall and Others [2013] EWHC 2875 (Ch); poaching of employees; successful application for 18 month springboard injunction
Towry EJ Limited v Bennett and Others [2012] EWHC 224 (QB) meaning of ‘solicitation’; successful defence of employees at trial
Lonmar v West and Others [2010] EWHC 2878 (QB; [2011] IRLR 138 limit of employee’s duty to disclose conduct