Planon v Gilligan—Court of Appeal considers interim enforcement of non-competes

Table of contents

• Key points from the judgment
• Facts
• Application and appeal
• Court of Appeal judgment
• Discretion to enforce covenants by injunction
• Delay
• Adequacy of damages
• Practical implications

Article summary

Employment analysis: The correct approach to enforceability of a non-compete covenant at an interim stage has been considered by the Court of Appeal in Planon v Gilligan. Lucy Bone and James Green, both barristers at Littleton Chambers, discuss the Court of Appeal’s judgment and how to apply the second and third limbs of American Cyanamid in such cases.