Herbert Morris, Ltd v Saxelby
| Jurisdiction | UK Non-devolved |
| Judgment Date | 08 February 1916 |
| Judgment citation (vLex) | [1916] UKHL J0208-1 |
| Court | House of Lords |
| Date | 08 February 1916 |
[1916] UKHL J0208-1
House of Lords
After hearing Counsel, as well on Thursday the 4th, as Friday the 5th, Monday the 8th, Monday the 22d and Tuesday the 23d, days of November last, upon the Petition and Appeal of Herbert Morris, Limited, of Empress Works, Loughborough, in the County of Leicester, praying, that the matter of the Order set forth in the Schedule thereto, namely, an Order of His Majesty's Court of Appeal, of the 31st of March 1915, might be reviewed before His Majesty the King in His Court of Parliament, and that the said Order might be reversed, varied, or altered, or that the Petitioners might have such other relief in the premises as to His Majesty the King in His Court of Parliament might seem meet; as also upon the printed Case of Fred Albert Saxelby, lodged in answer to the said Appeal; and due consideration had this day of what was offered on either side in this cause:
It is Ordered and Adjudged, by the Lords Spiritual and Temporal in the Court of Parliament of His Majesty the King assembled, That the said Order of His Majesty's Court of Appeal, of the 31st, day of March 1915, complained of in the said Appeal, be, and the same is hereby, Affirmed, and that the said Petition and Appeal be, and the same is hereby, dismissed this House: And it is further Ordered, That the Appellants do pay, or cause to be paid,...
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...to the party in whose favour it is imposed, while at the same time it is in no way injurious to the public." Herbert Morris v Saxelby [1916] A.C. 688 is the leading authority applying this principle to employer and employee. 105 Lord Millett in Bolkiah simply cannot be thought to be undermi......
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...a competitor and, if so, on the basis of what legitimate business interest? Footnotes 1Herbert Morris Ltd v Saxelby [1915] 2 Ch 57, 76; [1916] 1 AC 688; Attwood v Lamont [1920] 3 KB 571, 2Emeco International Pty Ltd v O'Shea (No 2) (2012) 225 IR 423. 3Nordenfelt v Maxim Nordenfelt Guns & Am......
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...S.C.R. 412 [Maguire]. 14 See Berkey Photo (Canada) Ltd. v. Ohlig (1983), 76 C.P.R. (2d) 121 (H.C.J.); Herbert Morris Ltd. v. Saxelby, [1916] 1 AC 688 (H.L.), cited with approval in Apotex Fermentation Inc. v. Novopharm Ltd. (1995), 63 C.P.R. (3d) at 146 (Man. Q.B.) [Apotex Fermentation]. 15......
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...but not usually thereafter unless there are express covenants …”. 116 In the leading House of Lords judgment of Herbert Morris v Saxelby (1916) 1 AC 688 (HL) at 702 Lord Atkinson said an employer “is undoubtedly entitled to have his interest in his trade secrets protected, such as secret pr......
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...English authorities are Mason v. Provident Clothing and Supply Co. , [1913] A.C. 724 (H.L.) and Morris (Herbert) Ltd. v. Saxelby , [1916] 1 A.C. 688 (H.L.) [ Saxelby ]. 8 Lyons , ibid .; Atlantic Business Interiors v. Hipson and MPP Office Interiors Ltd ., [2005] C.L.L.C. ¶210-034, especia......
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