Final and permanent injunctions in employee competition and confidentiality claims
Final and permanent injunctions in employee competition and confidentiality claims

The following Employment practice note provides comprehensive and up to date legal information covering:

  • Final and permanent injunctions in employee competition and confidentiality claims
  • Timing and urgency
  • Types of permanent injunction
  • Principles relevant to obtaining final and permanent injunctions
  • Garden leave injunctions—undertaking to pay the employee
  • Form of order

Final and permanent injunctions in employee competition and confidentiality claims

This Practice Note considers the types of final injunction and permanent injunction.

The remedies available in cases involving attempts to enforce contractual duties and post-termination restrictions may conveniently be divided between:

  1. interim remedies available before final trial, and

  2. remedies available following the final trial of the case

Interim remedies typically consist of temporary injunctions, ie injunctions that apply for a limited period of time, such as the period between the date of the order granting of the injunction and the trial. For an overview, see Practice Note: Interim injunctions in employee competition claims.

Although the court will now usually order an expedited trial in employee competition cases, it is often the case that claims involving the enforcement of post-termination restrictions will never reach a final trial—the main battle between the parties tends to take place at an interim stage where the employer seeks, and the employee resists, the granting of injunctive relief.

Once that initial battle is over, which tends to be relatively quick and cheap in terms of overall litigation costs, the parties tend not to pursue the much more time-consuming and expensive process leading to a full trial and conclude a settlement instead.

However, if the case does proceed to trial the final remedies available include:

  1. permanent injunctions (see below), and/or

  2. damages (see Practice Note: Damages in employee

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