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Restrictive covenants: No interim injunction where employer failed to show loss

This report relates to 1 case(s)

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    Jack Allen (Sales & Service) Ltd v Smith [1999] IRLR 19 CS (0 other reports)

An employer was not entitled to an interim order enforcing covenants prohibiting a former employee from disclosing confidential information and enticing away customers, because it could not show that any potential or actual harm would arise from breach of those covenants, holds the Court of Session in Jack Allen (Sales & Service) Ltd v Smith [1999] IRLR 19. In this case, the employee went to work for the company that manufactured the equipment previously supplied to and sold by his former employer, and in those circumstances the knowledge he had acquired could not be described as confidential.