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Cartlidge Morland v Thomas [2011] EWHC 2086 (QB)

Judgment was handed down on 30 September 2011 in this case in which Simon J Brown appeared for the Defendant employee, instructed by Miller Rosenfalck LLP. The Claimant, a firm providing wealth management services, had sought a final injunction prohibiting the Defendant, a financial adviser, from soliciting or dealing with clients and damages for alleged breach of contract including an alleged failure to return confidential information.

In his judgment, HH Judge Anthony Thornton QC rejected the employer’s claims and ordered that there be an enquiry on the cross-undertaking in damages and an assessment of the Defendant’s counterclaim in contract. He found the evidence of the Claimant’s witnesses (three partners in the firm) unsatisfactory and unreliable, preferring the Defendant’s account as to the extent and scope of the restrictive covenants. He was critical of the evidence relied upon by the Claimant when obtaining the injunction before Openshaw J and discharged the injunction with an order that the Claimant pay costs on an indemnity basis.

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