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TULLETT PREBON PLC -V- BGC BROKERS LP AND ANR, ANTHONY NEIL VERRIER, SHAUN CARL EDGAR LYNN AND OTHERS

The judgment, which relates only to liability and injunctive relief with damages still to be assessed, relates to inter dealer brokers and concerns an unlawful conspiracy by a competitor and its executives to induce employees of the claimant to leave the claimant's employment in breach of their contracts of employment based on an "early exit strategy" that involved the assertion of sham constructive dismissal claims, the enforcement of garden leave provisions against those employees and the grant of a "no poach" injunction against the competitor. The judgment also addresses issues such as the enforceability of contractual provisions requiring the giving of notice to an employer in the event of an approach by a competitor in the light of doctrine of restraint of trade and the repayment of bonuses and other contractual remuneration in the event of an employer leaving employment in breach of contract in the light of the doctrines of restraint of trade and penalty.

Jeffery Onions Q.C. appeared for Tullett Prebon, the succesful Claimants.

Full text of the Judgment.