An in-depth, complete and usable revision guide regarding restraint of trade and confidentiality. Exam-ready (if your exam is open book) but perfect for revising and completing past papers.
Seminar 3 - Contractual Terms: Restraint of Trade & Confidentiality
Preparatory Reading1:
Textbooks
Cabrelli
q Chapter 6 The Implied Terms of the Personal Employment Contract
(particularly p196 onwards for ‘Confidentiality’ and p 226 onwards for
‘Restraint of Trade’); or
Selwyn
q Chapter 10 Performance of the Contract of Employment (particularly p 285
onwards)
q Chapter 19 Duties of Ex-Employees
Smith & Wood
q Chapter 2 Contracts of Employment (1): Status, Formation, Continuity and
Change (particularly p108 onwards for ‘Restraint of Trade’)
q Chapter 3 Contracts of Employment (2): Content and Wages (particularly
p195 onwards for ‘Good Faith’)
Cases
q Faccenda Chicken v. Fowler [1986] 1 All ER 617
q Thomas Marshall v Guinle [1978] ICR 905
q Nordenfelt v. Maxim Nordenfelt Guns & Ammunition Co [1894] AC 535 HL
q Mason v Provident Clothing [1913] AC 274
q Amber Size v Mensel [1913] 2 Ch 239.
q Herbert Morris Ltd v Saxelby [1916] 1 AC 688
q Roger Bullivant v Ellis [1987]
q Lansing Linde Ltd v Kerr [1991] 1 WLR 251
q Office Angels Ltd v Rainer Thomas & O’Connor [1991] IRLR 214 CA
q Rock Refrigeration v Jones [1996] IRLR 675
q Allen Janes Ltd v Johal 2006 EWHC 286 (CH)
q Towry EJ Ltd v Barry Bennett [2012] EWHC 224 (QB)
q Energy Renewals v Borg [2014] IRLR 713
1 Please note – this is an indicative rather than a complete list of sources to consider when preparing your answers. If you find
other cases or statutory sections which you consider relevant, please raise these too.
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