Monex Europe Ltd v Pothecary and another

Restraint of trade by agreement – Contract. The claimant company's application for an interim injunction to prevent the defendants working for another company prior to trial failed. The Queen's Bench Division held that the reach of a convenant in the defendants' contracts ought to be taken to be worldwide, and that the evidence did not come close to demonstrating that, at the time when the contracts of employment for the defendants had been entered into, having regard to the contractual provisions as a whole and to the factual matrix to which the contract would reasonably have been expected to apply, the claimant had required the defendants to be shut out entirely from working in the foreign exchange markets, anywhere in the world, for a further period of five months (having served one month on 'garden leave') so as to protect its business interests.

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