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  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 ...
This article is part of our subscription-based access. Please pick one of the options below to continue.
Already registered? Login to access premium content
The Corporate IP Licence is tailored to your firm, making it the most cost effective way for the firm to access Solicitors Journal, and enables the firm to remain compliant with copyright and our Terms and Conditions. This gives you the ability to print and circulate articles within the firm.
To enquire about a Corporate IP Licence for your firm, please contact our Subscriptions Manager on email@example.com.