- 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
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.
Sign in or take a trial to read the full analysis.
To continue reading this news article, as well as thousands of others like it, sign in to LexisPSL or register for a free trial