Excelerate Technology Ltd v Cumberbatch and another

Restraint of trade by agreement – Employer and employee. The Mercantile Court held that the first defendant former director of the claimant company was in breach of non-compete covenants in an agreement with the claimant and in breach of his fiduciary duty by setting up the second defendant company, by exploiting a business opportunity he had come to know about whilst a director of the claimant and by using the claimant's confidential information. The second defendant had induced that breach and both defendants were jointly liable for common law damages.

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