It was not open to the court to re-make the parties’ bargain
In the case of Prophet plc v Huggett  EWCA Civ 2013, the Court of Appeal considered whether the High Court had made the right decision in re-writing a 12-month non-compete covenant so that it made commercial sense.
The Court of Appeal held that the covenant could not be re-written. In the judge’s words, the employer had ‘made its…bed and it must now lie upon it’.
Mr Huggett was employed as a sales manager for Prophet, which developed computer software for the fresh-produce sector. Prophet had developed its own computer software products and its products were not provided by any other companies. Mr Huggett resigned to join a competitor who had developed a product with Microsoft to supply to the fresh-produce sector. Mr Huggett’s contract included a 12-month non-compete covenant and Prophet sought an injunction preventing Mr Huggett from working for the competitor for a period of 12 months…
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Changes to mandatory conditions — Licensing Act 2003 (Mandatory Licensing Conditions) (Amendments) Order 2014
Premises licence holders will be aware that all licences are subject to mandatory conditions. The wording of some of the conditions is to change.
The Court of Appeal recently handed down a decision that will be welcomed by consultants and developers alike.