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Restraint of trade by agreement – Employer and employee. The Mercantile Court held that the first defendant former director of the claimant company was in breach of non-compete covenants in an agreement with the claimant and in breach of his fiduciary duty by setting up the second defendant company, by exploiting a business opportunity he had come to know about whilst a director of the claimant and by using the claimant's confidential information. The second defendant had induced that breach and both defendants were jointly liable for common law damages.
Restraint of trade by agreement – Employer and employee. The Mercantile Court held that the first defendant former director of the claimant company was in breach of non-compete covenants in an agreement with the claimant and in breach of his fiduciary duty by setting up the second defendant company, by exploiting a business opportunity he had come to know about whilst a director of the claimant and by using the claimant's confidential information. The second defendant had induced that breach and both defendants were jointly liable for common law damages.
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