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Showing posts with the label contract of employment

Passing off and Breach of Confidence - Cosmopolitan Recruitment v Ludley and Another

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Author  Basher  Eyre  Licence  CC BY-SA 2.0   Source  Wikimedia Commons   Intellectual Property Enterprise Court (HH Judge Melissa Clarke) PSN Recruitments Ltd  v Ludley and another [2023] EWHC 3153 (IPEC) (8 Dec 2023) This was a claim by PSN Recruitment Ltd (trading as Cosmopolitan Recruitment ("Cosmopolitan") against its former employee, Graeme Ludley ("Mr Ludley").   Mr Ludley had emailed to himself particulars of Cosmopolitan's clients. set up a Greenscape Specialist Recruitment Ltd ("Greenscape") as a competing business and told Cosmopolitan's clients that he was still working for the same employer but from a different location and under a different corporate name.  Cosmopolitan sued Mr Ludley and the company for breach of confidence and passing off  in the Intellectual Property Enterprise Court ("IPEC") . Their defence to the breach of confidence claim was that the information was easily obtainable from trade publicatio...

Brussels Jurisdiction and Judgments Regulation - Semtech Corporation and others v Lacuna Space Ltd and others

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  Jane Lambert Chancery Division (Iain Purvis QC) Semtech Corporation and others v Lacuna Space Ltd and others [2021] EWHC 1143 (Pat) (5 May 2021) This was a challenge to the court's jurisdiction by two former employees of the third claimant under art 22.1 of Regulation (EU) No 1215/2012 of the European Parliament and of the Council of 12 December 2012 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters OJ L 351, 20.12.2012, p. 1–32 ("the Brussels Recast Regulation) .  That article provides that an employer may bring proceedings against its employee only in the courts of the Member State in which the employee is domiciled.  The application came on before Mr Iain Purvis QC sitting as a deputy judge of the High Court on 30 April 2021.  At para [75] of his judgment in  S emtech Corporation and others v Lacuna Space Ltd and other s [2021] EWHC 1143 (Pat) (5 May 2021), the learned deputy judge found that he had...