A balance of convenience

12 May 2020

Employers should be adopting a consistent strategy in the enforcement of contracts. This is, perhaps, the central point to be distilled from the recent High Court judgment in Affinity Workforce Solutions Ltd v TCE Kathryn McCann [2019] EWHC 2829 (Ch).

In this case, the claimant (Affinity) applied for injunctions against multiple defendants to prevent them from working for a competitor. The first issue addressed by Justice Sir Richard Snowden was whether the claimant had raised a serious issue to be tried.

Unusually, the court didn’t delve into the merits of whether the clauses were enforceable against the individual defendants. Instead, it concentrated on whether the clauses had been properly incorporated ...

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