Legal News

High Court guidance on email ownership and restrictive covenant drafting (Capita v Darch)

Published on: 05 June 2017
Published by: LexisPSL
  • High Court guidance on email ownership and restrictive covenant drafting (Capita v Darch)
  • Original news
  • What is the impact of this judgment?
  • What is the relevant background law?
  • Ownership of company information
  • Post-termination restrictions
  • What were the facts?
  • What did the High Court decide?
  • Case details
  • Update

Article summary

Employment analysis: On an application for interim injunctions relating to ex-employees who had set up, and/or joined, a competitor business, the High Court has given its views that: (1) emails, and/or their contents, sent from an employer’s account are not owned as property by the employer, (2) non-solicitation clauses should not seek to cover customers about whom the employee has simply ‘become aware’ because that is likely to be too wide to be enforceable, and (3) no-poaching clauses should not seek to cover those persons who are ‘likely to be able to assist’ a competitor business because it would be difficult to identify those persons and therefore also be likely to give rise to problems of reasonableness and enforceability. or take a trial to read the full analysis.

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