Net Affinity Limited v Conaghan and others [2012]

Posted In: Case Law
  • Case Reference
    ELR 11
  • Legal Body
    High Court of Ireland (IEHC)
  • Type of Claim / Jurisdiction
    Contracts of Employment
Issues covered: Restrictive Covenants

In this case His Honour Justice Dunne remarked as follows:

“the clause at issue in this case is far too wide to protect the legitimate requirements of Net Affinity. It is a clause which does in fact prohibit all competition by Ms Conaghan in the area of services provided by Net Affinity. As has been made clear in the judgment of Clarke, J in the case of Murgitroyd and Company Limited v Purdy such a clause is too wide. In those circumstances, I have come to the conclusion that the non-compete clause is void and unenforceable.”

In Net Affinity, the employer applied to the Court for an injunction to prevent Ms Conaghan from taking up employment with a competitor. In granting only part of the

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This article is correct at 01/12/2015

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Deirdre Crowley

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