Appeal Court success for Keelys LLP

We are pleased to report that Joanne Davies, Head of the Litigation and Dispute Resolution team, had a successful visit to the Court of Appeal in April.   Joanne is defending a client who resigned as an account manager for a software developer company and took up employment with a new employer.  The former employer is pursuing him for breach of covenants and as part of that pursuit, last year it applied to court for an injunction to prevent our client from working for his new employer until August of this year.   

In November of last year, the High Court refused to grant the injunction, and it was that refusal which led the former employer to appeal the decision to the Court of Appeal.   After a full day of submissions, the Court spent some time deliberating and earlier last month handed down its decision.  Happily for our client, the appeal was refused.  Principally, at the very early stage of these proceedings, the Court of Appeal reinforced the principle that for an injunction to be granted, the court must determine in its discretion, where the balance of convenience lies.  In this case, the Court of Appeal felt that the balance of convenience very firmly pointed away from granting an injunction.

Keelys instructed Tim Sheppard of No5 Chamber and Oliver Lawrence also of No5.  Their further thoughts can be read in the following article No5 Barristers Chambers – Latest News | No5 Barristers’ Chambers

A copy of the article is available for download below.

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