Interim injunctions in employee competition claims
Interim injunctions in employee competition claims

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

  • Interim injunctions in employee competition claims
  • Timing and urgency
  • Delay
  • Types of interim injunction
  • Typical scenario
  • Principles upon which an interim injunction may be granted
  • Parties
  • Undertaking in damages
  • Garden leave injunctions: undertaking to pay the employee
  • Enforcement of injunctions
  • More...

Interim injunctions in employee competition claims

The remedies available in cases involving attempts to enforce express and implied terms of the contract of employment in employee competition cases may conveniently be divided between:

  1. interim remedies available before final trial (discussed below), and

  2. remedies available following the main trial of the case on liability

Final remedies are discussed elsewhere. They may include:

  1. damages (see Practice Note: Damages in employee competition claims) or an account of profits (see Practice Note: Account of profits in employee competition claims), and/or

  2. final and permanent injunctions (see Practice Note: Final and permanent injunctions in employee competition and confidentiality claims), and/or

  3. any of the remedies available in other types of claim, such as damages in tort, where the employer has brought relevant claims against the new employer (see Practice Note: Recruiting from a competitor—issues for employers: The legal framework)

Interim remedies most typically consist of injunctions. An injunction is a discretionary remedy and takes the form of a court order, which requires a party to either refrain from doing something (prohibitory) or to specifically do something (mandatory).

Where a temporary injunction is put in place pending the outcome of proceedings between the parties this is known as an interim injunction (previously known as 'interlocutory injunctions'). Such injunctions act to regulate the position between the parties before trial. Interim injunctions are only appropriate when the respondent’s

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