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Contracts of employment: Prospect of success at trial - relevance in injunction decision

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    Lansing Linde Ltd v Kerr [1991] IRLR 80 CA (0 other reports)

In Lansing Linde Ltd v Kerr the Court of Appeal holds that the High Court was entitled to refuse an employer's application for an interim injunction restraining a former employee from working for a competitor in breach of a restrictive covenant. Because of congestion in the court system a full trial could not take place until most of the period of restriction had expired, and in these circumstances the High Court was correct to take into account the plaintiff's prospects of success at the trial.