Stephenson (SBJ) Ltd v Mandy
| Jurisdiction | England & Wales |
| Judgment Date | 30 June 1999 |
| Date | 30 June 1999 |
| Court | Queen's Bench Division |
Court of Appeal.
Before Lord Justice Nourse, Lord Justice Swinton-Thomas and Lord Justice Mummery
Practice - interlocutory appeal against interim order - wrong to explore merits
It would be quite wrong for the Court of Appeal to go into the merits of an interim order restraining the defendant from breaching restrictive covenants relating to confidential information in his contract of employment when a date for the trial of the issues to be heard was fixed to be heard in some two weeks time.
The Court of Appeal so held dismissing an interlocutory appeal by the defendant, Mr Keith Mandy, from an interim order of Judge Conningsby, QC, sitting as a judge of the Queen's Bench Division, dated March 30, 1999 enjoining him from breaching restrictive covenants in his contract of employment with the plaintiffs, his former employers, SBJ Stephenson Ltd. The defendant was given permission to appeal against the judge's order on May 7 by Lord Justice Otton.
Mr Andrew Hochhauser, QC and Mr Vernon Flynn for the defendant; Mr Simon Browne-Wilkinson, QC and Miss Claire Blanchard for the plaintiffs.
LORD JUSTICE NOURSE said that the plaintiffs took the preliminary point that the court ought not to enter into the merits of the appeal, the trial date being fixed for July 20 and the defendant being protected from any loss by the plaintiffs' undertaking as to...
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