Lonmar Global Risks Ltd v West & ors [2010] EWHC 2878 (QB)

Post-Termination Restrictions: Winning damages in One Step

A recent Court of Appeal decision may make it easier for employers to obtain Wrotham Park damages, explains Bob Fahy ‘Devenish can leave a claimant in difficulties where the problem is a lack of evidence to demonstrate loss. One potential solution is to seek Wrotham Park damages.’The remedies available where an ex-employee has unlawfully used …

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Fiduciary Duties: Competing interests

A Court of Appeal ruling has added to confusion about whether it is acceptable for departing employees to prepare to enter into competition with their employer, argues Gary Freer In British Midland Tool Ltd v Midland International Tooling [2003], fiduciaries were said to be required to disclose any activity, actual or threatened, which damages the …

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Misconduct: Coming clean

Andrew Taggart and Sarah Hitchins consider the circumstances in which employees of varying seniority may be obliged to reveal their own wrongdoing ‘When considering whether an employee owed a duty to disclose their own wrongdoing, a court is likely to look at their terms and conditions of employment. Some employees (even those who do not …

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Team Moves: Tide turns in poaching case

A firm of insurance brokers has failed in its claim against a group of employees who joined a rival firm, reports Gary Freer ‘In Lonmar Global Risks v West & ors, in alleging that the team members should have disclosed to it what each knew of the intentions of the others to leave and join …

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