Herbert Morris, Ltd v Saxelby

JurisdictionUK Non-devolved
Judgment Date08 February 1916
Judgment citation (vLex)[1916] UKHL J0208-1
CourtHouse of Lords
Date08 February 1916

[1916] UKHL J0208-1

House of Lords

Herbert Morris, Limited
and
Saxelby.
1

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:

2

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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378 cases
  • Littlewoods Organisation Ltd v Harris
    • United Kingdom
    • Court of Appeal (Civil Division)
    • 3 August 1977
    ... ... That was laid down in Morris v. Saxelby (1916) 1 Appeal Cases 688. Lord Atkinson at page 704, quoting the words of Lord ... information imparted to him by the plaintiffs in the course of his employment: Herbert Morris Ltd. v. Saxelby. The restriction, to be valid, must be 'reasonable in reference to the ... ...
  • Generics [UK] Ltd t/a Mylan v Yeda Research and Development Company Ltd and Another
    • United Kingdom
    • Court of Appeal (Civil Division)
    • 29 July 2013
    ...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......
  • Bridge v Deacons
    • United Kingdom
    • Privy Council
    • Invalid date
    ... ... Maxim Nordenfelt Guns and Ammunition Co. Ltd. [ 1894 ] A.C. 535 , H.L.(E.) Herbert Morris Ltd. v. Saxelby [ 1916 ] 1 A.C. 688 , H.L.(E.) and Esso Petroleum Co. Ltd. v ... ...
  • Norbrook Laboratories (Gb) Ltd v (1) Rebecca Adair (2) Pfizer Ltd
    • United Kingdom
    • Queen's Bench Division
    • 6 May 2008
    ...the enforceability of post termination restrictive covenants in employment contracts is Lord Parker's dictum in Herbert Morris v Saxelby [1916] 1 AC 688 at page 707: ' ….. what is meant is that for a restraint to be reasonable in the interests of the parties is that it must afford no more t......
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4 firm's commentaries
  • Confidential information and departing employees - the threat from within
    • Australia
    • Mondaq Australia
    • 25 August 2013
    ...(Exports) Ltd v Guinle [1979] Ch 227 at 248-9; [1978] 3 All ER 193; [1978] 3 WLR 116; [1979] FSR 208; Herbert Morris Ltd v Saxelby [1916] 1 AC 688 at 705; [1916] All ER Rep 305; (1916) 32 TLR 297; Digital Products Group Pty Ltd v Opferkuch [2008] NSWSC 575 at [12]; Gilman Engineering Pty Lt......
  • Restraint of trade and non-compete restraint clauses in employment contracts
    • Australia
    • Mondaq Australia
    • 10 February 2023
    ...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......
  • Restrictive Covenants In Employment Contracts
    • United Kingdom
    • Mondaq United Kingdom
    • 15 April 2008
    ...supplier relationships) and if it extends no further than is reasonably necessary to protect that interest (Herbert Morris Ltd v Saxelby [1916] AC 688 (HL)). In addition recent case law highlights emerging trends in the court's approach and other factors taken into The restrictive covenant ......
  • Protection Of Trade Secrets And Confidential Information
    • Canada
    • Mondaq Canada
    • 4 June 2008
    ...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......
7 books & journal articles
  • Trade Secrets' Under New Zealand Law
    • New Zealand
    • Canterbury Law Review No. 22-2016, January 2016
    • 1 January 2016
    ...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......
  • Illegality
    • Canada
    • Irwin Books The Law of Contracts. Third Edition Vitiating Factors
    • 4 August 2020
    ...leave to appeal to SCC refused (1976), 11 OR (2d) 129n (SCC). 155 Elsley , above note 140 at 924. 156 [1913] AC 724 (HL) [ Mason ]. 157 [1916] 1 AC 688 (HL). THE LAW OF CONTR ACTS 528 ple, the defendant had worked as a draftsman and then engineer for several years for the plaintiff, a leadi......
  • The Common Law Obligations of the Employee under the Contract of Employment
    • Canada
    • Irwin Books Individual Employment Law. Second Edition
    • 16 June 2008
    ...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......
  • Contracts and the Implied Freedom of Political Communication
    • United Kingdom
    • Sage Federal Law Review No. 49-1, March 2021
    • 1 March 2021
    ...Ibid 158–99.198. Ibid 34–40; Mason v Provident Clothing and Supply Co Ltd [1913] AC 724, 733, 741; Herbert Morris Ltd v Saxelby[1916] 1 AC 688, 700, 706–7, 715; Bacchus Marsh Concentrated Milk Co Ltd (in liq) v Joseph Nathan & Co (1919)26 CLR 410, 440–1; Esso Petroleum Co Ltd v Harper’s Gar......
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