Barring Order in UK Law

Leading Cases
  • Caterpillar Logistics Services (UK) Ltd v Paula Huesca de Crean
    • Court of Appeal (Civil Division)
    • 21 Feb 2012

    It could have required the respondent to enter into an express covenant not to enter the employment of a customer (or a competitor). Any such covenant would have had to be limited in time and reasonable as between the parties and in the public interest: it would have been a covenant in restraint of trade. It did not seek such a covenant, but instead obtained from the respondent her agreement in respect of its confidential information.

    In my judgment, it is no answer to say, as Mr Bloch did when the point was put to him, that it is not the practice for employers to contract for express covenants to prevent employees going to work for their customers. It seems that CLS was sufficiently concerned to protect its confidential information to require the respondent to enter into the confidentiality agreement, and it presumably designed that agreement to provide it with appropriate protection.

    To my mind, it is not surprising that barring-out relief is unavailable in the present case. Mr Bloch accepted, as he had to, that the barring-out injunction sought by CLS would preclude the respondent from carrying out tasks in relation to the LSA that could not possibly involve the use of any of its confidential information. Placing an order, and raising a query as to delivery of spare parts to a customer of QH, are only two obvious examples.

  • TC03768: BPP University College of Professional Studies
    • First Tier Tribunal (Tax Chamber)
    • 01 Jul 2014

    [60]Here, in contrast, no sanction has as yet been applied to HMRC. HMRC is in breach of the January directions but it has not been barred or had any other sanction applied. HMRC are not applying for relief from sanction. On the contrary, it is the appellant's application that the Tribunal bar HMRC out for breach of a rule 8(3)(a) unless order. The question for me is whether I ought to apply the sanction of barring.

  • Caterpillar Logistics Services (UK) Ltd v Paula Huesca De Crean
    • Queen's Bench Division
    • 02 Dic 2011

    By the Application Notice CLS sought relief in four parts, until trial further order: (1) an injunction restraining Mrs Huesca de Crean from using or disclosing confidential information; (2) an order that Mrs Huesca de Crean be prohibited, during the course of her employment with QH from undertaking any task or having any dealing in relation to the LSA or the commercial relationship between CLS, on the one hand, and QH and Klarius, on the other; (3) delivery up of all documents in whatever form in Mrs Huesca de Crean's possession which belong to CLS or contain confidential information belonging to CLS; (4) ancillary relief, most notably in the form of an affidavit verifying compliance with the delivery up order and requiring Mrs Huesca de Crean to give certain information as to any use or disclosure of the Confidential Information which she had made, and as to any documents belonging to CLS which she retained.

  • Foneshops Ltd
    • First Tier Tribunal (Tax Chamber)
    • 13 Ago 2015

    [38] My conclusion on the question of abuse of process is that I agree with HMRC, that, barring special circumstances, it would be an abuse of the litigation process if the appellant were able to raise in this appeal an issue that was effectively decided against it when its MTIC appeal was struck out.

  • Woodhouse v Consignia Plc; Steliou v Compton
    • Court of Appeal (Civil Division)
    • 07 Mar 2002

    The rationale for the rule in Henderson v Henderson [1843] 3 Hare 100 that, in the absence of special circumstances, parties should bring their whole case before the court so that all aspects of it may be decided (subject to appeal) once and for all, is a rule of public policy based on the desirability, in the general interest as well as that of the parties themselves, that litigation should not drag on for ever, and that a defendant should not be oppressed by successive suits when one would do: see per Sir Thomas Bingham MR in Barrow v Bankside Ltd [1996] 1 WLR 257, 260A-D.

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Legislation
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Books & Journal Articles
  • Institutional Racism in Bureaucratic Decision‐Making: A Case Study in the Administration of Homelessness Law
    • Núm. 27-3, Septiembre 2000
    • Journal of Law and Society
    This article reports findings from an ethnographic research project which investigated the influence of judicial review experiences on the decision‐making processes of three heavily litigated local...
    ...... race which the homelessness applicant is required to negotiate in order to win the right to housing. 20 This remains a helpful metaphor for ... had recently drawn up papers for the customer to sign so that a barring order could be obtained against the husband. However, the customer did not ......
  • Referrals to the police of vulnerable adult abuse
    • Núm. 18-2, Abril 2016
    • The Journal of Adult Protection
    • 119-127
    Purpose: – The purpose of this paper is to examine the outcome of referrals made to one police force in England by three local authorities between March 2010 and April 2011, in order to identify an...
    ...... by three local authorities between March 2010 and April 2011, in order to identify and understand the barriers to prosecuting suspects of abuse ... to the police and how police disclosures, on Disclosure and Barring Service checks, are being used as a means of providing employers of ......
  • Task-oriented work characteristics, self-efficacy, and service-oriented organizational citizenship behavior. A cross-level analysis of the moderating effect of social work characteristics and collective efficacy
    • Núm. 46-4, Junio 2017
    • Personnel Review
    • 718-739
    Purpose: Border management, barring illegal foreign workers, and immigrant counseling are three major functions of the National Immigration Agency (NIA) of Taiwan. These functions are composed of t...
    ......, Kinmen, Taiwan Abstract Purpose – Border management, barring illegal foreign workers, and immigrant counseling are three major ... this paper is to examine frontline immigration workers in Taiwan in order to determine how the motivational (task-oriented) and social work ......
  • Adult safeguarding in Wales: one step in the right direction
    • Núm. 19-4, Agosto 2017
    • The Journal of Adult Protection
    • 175-186
    Purpose: The purpose of this paper is to consider the background to the recent changes to adult safeguarding in Wales as a result of the new measures introduced by the Social Services and Well-bein...
    ......, it does not take the opportunityto include statutory powers of barringand removal. The introductionof Adult Protection and SupportOrders (APSOs) is ... and what can be put in place to protect the adult at risk once the order has been used. Social implications – For those who experience abuse or ......
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Law Firm Commentaries
  • UK Court of Appeal refuses to uphold a barring order against a former employee
    • LexBlog United Kingdom
    This post was also written by Fiona McFarlane. In Caterpillar Logistics Services (UK) Ltd v Huesca de Crean, an employee who had no restrictive covenant in her contract of employment prohibiting he...
  • EPA Consent Order for Multi-Walled Carbon Nanotubes
    • LexBlog United Kingdom
    Last month we reported on a press release by Thomas Swan & Co. Ltd. of the United Kingdom indicating the company had recently entered into a PMN consent order with the EPA under the Toxic Subst...
    ......Barring an unusual coincidence, it appears that EPA has recently published a redacted version of the Swan Consent order here. The order makes it clear that ......
  • Nearest Relatives and Next of Kin
    • Mondaq United Kingdom
    ......This provides a strict order of precedence to decide which relative is to exercise the role of nearest ...In the event that the patient's RMO does make a barring order, as the nearest relative must be informed so he can consider ......
  • Are You A Director Of A Company? Who Is Calling The Shots?
    • Mondaq UK
    ...... disqualification - where the court gives a disqualification order barring the individual from being a director of a company or being ......
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