Sundolitt Ltd v Addison

Employment law – Restrictive covenant – Interim interdict. Court of Session: Refusing a reclaiming motion in an action which concerned a restrictive covenant agreement which the defender had signed at the start of his employment with the pursuer, the pursuer having obtained interim interdict against him after he left its employment and began working as a self-employed sales agent in the same industry, the court rejected the pursuer's contentions that the Lord Ordinary had erred in deciding to recall the interdict, except the part seeking to protect confidential information, when she concluded that the pursuer did not have prima facie case, by failing to recognise that an order protecting confidential information was of no utility if the former employee was working for a competitor, and in deciding that the balance of convenience favoured the defender.

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