In the recent case of Prophet Plc – v- Huggett, the Court of Appeal reminded employers how vitally important it is to ensure that the drafting of restrictive covenants is accurate and well thought through. Overturning an earlier High Court judgment, the Court of Appeal refused to re-write an unambiguous, but commercially meaningless
restrictions
UK Court of Appeal refuses to uphold a barring order against a former employee
By Ruth Bonino on
This post was also written by Fiona McFarlane.
In Caterpillar Logistics Services (UK) Ltd v Huesca de Crean, an employee who had no restrictive covenant in her contract of employment prohibiting her working for a third party, could not be prevented from taking up employment with a client of her former employer on the grounds that she might breach a confidentiality agreement she had entered into with her former employer. Nor would the Court grant a “barring order” which would prohibit the employee from being involved in a commercial relationship between the employee’s former employer and its client.Continue Reading UK Court of Appeal refuses to uphold a barring order against a former employee