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…
Click on the link below to read the rest of the Winckworth Sherwood briefing.
Sign in or Register to continue reading this article
It's quick, easy and free!
It takes just 5 minutes to register. Answer a few simple questions and once completed you’ll have instant access.Register now
Why register to The Lawyer
In-depth, expert analysis into the stories behind the headlines from our leading team of journalists.
Identify the major players and business opportunities within a particular region through our series of free, special reports.
Receive your pick of The Lawyer's daily and weekly email newsletters, tailored by practice area, region and job function.
More relevant to you
To continue providing the best analysis, insight and news across the legal market we are collecting some information about who you are, what you do and where you work to improve The Lawyer and make it more relevant to you.
News from Winckworth Sherwood
News from The Lawyer
Briefings from Winckworth Sherwood
Negotiating the settlement of a dispute is rarely straightforward.
This briefing, which has been written by Winckworth Sherwood’s family law experts, provides an overview of the procedure involved.