Dale acts in and advises on numerous multi-party injunctive proceedings and related damages claims. Dale’s practice includes search and freezing order relief. He regularly appears in multi-party financial services, insurance and recruitment sector injunctions. This work follows on from Dale’s representation of the successful claimant in the landmark springboard injunction and team move case of QBE v. Dymoke. The case resulted in the first known order for final springboard relief consequent upon breaches of employees’ duties of fidelity and breaches of fiduciary duty whilst in employment.
- Advising one of the world’s leading payment providers concerning the departure of a senior business development employee and giving detailed advice regarding the redrafting, amplification and targeting/application of restrictive covenants in respect of various separate levels and types of employees (2022).
- Advising a large HR and payroll software company with regard to a team move of three related employees to a competitor business (2022).
- Defending an employee and his new employer in the specialist medical supplies industry in respect of a claim for injunctive relief, namely garden leave, post-termination restraints(including non-competition), springboard relief and protection of confidential information (2021).
- Acting for two separate specialist recruitment agencies seeking injunctive relief against departing sales executives who had taken confidential information and joined a competitor in breach of post-termination restraints (2020 and 2021).
- Acted in relation to a claim for a search and seizure injunctionon behalf of a trade display business (2020).
- Defending a departing senior employee and new employer in the conference events industry against a claim to enforce post-termination restraintsand The latter involved substantial and complex work in relation to a forensic computer investigation (2020).
- Dale acted for an English language college, securing the closure of a competitor website unlawfully established by existing employees of the college (2020).
- Dale acted on behalf of a boutique design consultancy to secure its business following the departure of a salaried partner (2020).
- Dale appeared in the Queen’s Bench Division on behalf of a leading Foreign Exchange company and obtained an injunction to enforce garden leave, post-termination restraints, springboard relief, protection of confidential information and forensic imagining of computer data. FairFX plc Malik & others (2019).
- Dale acted in the Chancery Division for a company resisting an injunction application brought by a minority shareholder in aid of Part 8 construction proceedings following her husband’s dismissal as a director and employee and the application of bad leaver provisions. Glass v. Previse Ltd (2019).
- Dale defended a senior executive departing from a software, business intelligence and data integration company in respect of High Court confidential information proceedings brought against his client (2019).
- Dale acted for a further education college in order to close down a competing training business set up by an existing employee (2019).
- Dale acted for an international property consultancy in Chancery Division proceedings brought against a former employee, following his dismissal for viewing pornography at work and his theft of confidential information, infringement of database rights, unlawful contact of customers and posting of videos on YouTube (2019).
- Dale advised a large hotel group in relation to competition by a former director following entry into restrictive covenants in a Mediation Agreement.
- Dale successfully defended an injunction application in respect of a tech specialist employee seeking to leave his firm to join a competitor.
- Dale acted for a claimant in a team move case in the trade displays business against seven defendants, including the new employer, enforcing restrictive covenants and obtaining a springboard injunction.
- Defended a confidential information injunction on behalf of a senior tech employee.
- Dale acted for a high-end English sparkling wine company concerning their acquisition of a senior employee from a competitor.
- Having successfully resisted an injunction at the interim stage, Dale acted for the Defendants at trial in the restrictive covenantdispute in Romero Insurance Brokers Ltd v. Templeton. The case dealt with the correct test for repudiatory breach of contract, the alleged right to work prior to termination of employment and the approach to be taken to the enforceability of the covenants in the context of the insurance industry. The trial figured heavily in the insurance press.
- Dale has also defended injunction proceedings brought against an employee engaged by a new business of a TV celebrity entrepreneur.