FW Farnsworth Ltd & Anor v Lacy & Ors [2012]

In this case the court was required to determine a preliminary issue in a claim brought by the claimant against its former employee. The employee had resigned to join a rival company. The claimant alleged that it‟s employee had collated confidential information belonging to it during his employment and passed it on to the rival. The employee had initially been employed on the basis of a contract signed in 2003 which contained no restrictive covenants. In 2009 he was promoted to a „Grade E‟ senior management position and was sent a new contract including restrictive covenants preventing him from working for rival businesses, but he did not sign or return it.