Overview

The Court of Appeal recently handed down a decision that illustrates the limitations on what can be done to protect confidential information in the absence of an express restrictive covenant.

The claimant in the case, Caterpillar Logistics Services (UK) Ltd, sought injunctive relief against a former employee after she went to work for QH, one of their customers. At the time of the relevant events, it appears that relations between CLS and QH were fractious.

There were no restrictive covenants in the employee's contract of employment that might have limited who she worked for after leaving CLS. However, she had signed up to a confidentiality agreement in which she purported to agree not to use or divulge CLS's trade secrets or confidential information after her employment.

Eversheds provides full background details on the case and provides analysis and comment in relation to 'barring-out' relief and narrower relief.

Click 'View Briefing' to read on.