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High Court Litigation - Employment

Our employment law experts have acted in some of the highest profile, largest value and most complex commercial employment disputes in recent years, for both corporates and individuals. We are frequently instructed on complex disputes which involve expedited proceedings and/or cross-jurisdiction litigation.

We are regularly instructed by clients to:

bring or defend "team moves" cases (claims for injunctive (including springboard) relief, damages and accounts of profit arising out of the recruitment of employees from competitors);
obtain injunctions to enforce garden leave clauses, non-competes, and other restrictive covenants;
resist applications for injunctions or to challenge the enforceability of those obligations which unreasonably prevent competition;
litigate claims involving breaches of fiduciary, statutory or contractual obligations, including multi-million pound bonus disputes;
recover stolen confidential information and trade secrets and prevent publication, dissemination, or use by competitors or former employees, including applications for search orders, forensic imaging and delivery up orders.

Clients come to us for our market-leading expertise in these disputes. We have extensive experience and a deep understanding of the unique pressures and commercial drivers which enables us to identify an approach that can resolve cases strategically and quickly. Our lawyers are experts at helping clients navigate litigation whilst preserving and enhancing reputation.

If litigation is pursued, we are able to mobilise a team of experts to handle the largest cases at short notice, and we have market leading support functions and access to advanced technology which enables us to litigate cost-efficiently.

Our specialist litigators are ranked amongst the countries leading experts in the legal directories, and author the relevant chapter in one of the most authoritative texts on Employment law.

Contact our expert Employment High Court litigators by email on MDREmploymentHighCourt@Mishcon.com

Our High Court expertise

Team moves

Recent highlights include:

Howden v Aon: Acting for Howden and several Howden officers in the Defence of an ongoing High Court claim arising out of the recruitment by Howden of employees in the UK and Brazil
CACI v Cirrus Software Solutions & Ors: Acting for CACI in a claim against a competitor and former employees involving enforcement of covenants and a claim for damages and account of profit
International law firm partners: Acting for multiple partners of an international law firm in relation to threatened claims arising out of their move to a competitor law firm.
Guy Carpenter v Howden: Acting for Howden, several Howden officers, and employees recruited by Howden, in the defence of a High Court claim arising out of its recruitment of employees across several countries and in related proceedings brought by Howden in Hong Kong. The Claimants sought interim injunctive springboard relief and the claim proceeded on an expedited basis requiring the parties to prepare for a six-week trial in four months.
Guy Carpenter v Howden: Acting for Howden in its defence of a High Court claim arising out of its recruitment of 31 reinsurance executives from a competitor, involving allegations of unlawful conspiracy, breach of contract and theft of confidential information. The Claimants sought damages exceeding £40m, declarations and injunctions and the claims were eventually settled out of court.
JLT v Hyperion: Defending Hyperion against a multi-million pound claim arising out of the recruitment of 50+ employees from a competitor.
Alesco v Bishopsgate & Ors: Acting for a senior executive defending claims arising out of an alleged team move, including claims for lawful and unlawful means conspiracy, breach of contract and misuse of confidential information.
Ankura: Acting for company defending claims against allegations of inducement to breach and unlawful means conspiracy, whilst also issuing High Court proceedings on an expedited basis to challenge the enforceability of recruited employees' post-termination restrictions.
Oneglobal Broking: Acting for a private equity owned insurance broker, providing advice in relation to bringing proceedings in the High Court against a competitor who hired senior employees.
NHST Media Group: Acting for NHST Media group entities in obtaining injunctive springboard relief against a group of former employees and subsequent claims for damages for breach of contract, unlawful means conspiracy and breach of database rights.
Alesco v Ardonagh & Ors: Acting for individual Defendants in a team move claim.

Contact our team move experts by email on MDREmploymentHighCourt@Mishcon.com

Restrictive covenants and garden leave

Recent highlights include:

Partner v PWC: Acting for a former PWC partner in an arbitration challenging the enforceability of restrictive covenants.
Square Global v Leonard: Acting for an employer in a 'speedy trial' to enforce garden leave and post-termination restrictions against a departing senior employee, and successfully defending against a counter-claim for constructive dismissal.
Leading derivatives broker v former employee: Acting for a leading derivatives broker in a claim against a former employee for damages arising out of the employee's breach of a fixed-term contract.
AstraZeneca v Miels: Acting for a senior executive departing a large pharmaceutical company to move to a competitor in a dispute concerning attempted enforcement of garden leave provisions.
Benjamin Hodgkinson v Mercedes AMG High Performance Powertrains Limited: Acting for a high-profile client in defending expedited High Court proceedings brought by a former employee in relation to 20-month garden leave period.
Sunrise Brokers LLP v Rodgers: Acting for a senior inter-dealer broker in the High Court and Court of Appeal seeking to resist injunctive relief sought to enforce garden leave and restrictive covenants.

Contact our restrictive covenant experts by email on MDREmploymentHighCourt@Mishcon.com

Bonus disputes

Recent highlights include:

Dresdner Kleinwort & Commerzbank AG v Attril & Others and Anar & Others: Acting for several senior executives in relation to a highly publicised three-year battle relating to EUR50m in unpaid retention bonuses.
Fish & Others v Dresdner Kleinwort: Successfully acted for several senior executives in claims brought in relation to unpaid retention bonuses, heard in the Court of Appeal.
Co-Operative Bank: Successfully obtained a strike out of 15 claims brought against the Co-operative Bank in connection with a failure to pay bonuses.
Senior Executive v Dyson: Acting for a former senior executive of Dyson in bringing a counterclaim to enforce payment of a bonus following his departure.
Christie v Canaccord Genuity Ltd: Acting for Canaccord Genuity Limited (part of a global investment banking group) on £4 million claim brought by a former employee in relation to bonus payments. Successfully secured strike out of bonus claims.
Horkulak v Cantor Fitzgerald: Landmark constructive dismissal and City case on exercise of discretion in bonuses. Successfully acted for senior managing director in relation to claims for bullying, harassment and constructive dismissal which led to ruling that discretionary bonuses may form part of the damages for wrongful dismissal, if the sum of bonuses is predictable.
Transport International v Former Executive: Acting for an international transport company in bringing a claim against a former senior executive to recover a bonus paid to him as a result of misrepresentations made to the company before the bonus was paid.

Contact our bonus disputes experts by email on MDREmploymentHighCourt@Mishcon.com

Confidential information

Recent highlights include:

Ocado: Acting for Ocado in a claim against two former employees and a competing business for misappropriating confidential information, including a successful application for a search order and a permanent injunction to restrain the use of the confidential information.
Bonnier v Johnson: Acting for Bonnier in successfully obtaining interim and final injunctions to prevent disclosure of confidential information by a former CEO, and successfully pursuing contempt of court proceedings for breaches by the CEO of court orders.
Jahangiri v St George's University Hospitals NHS Foundation Trust: Acting for a client in bringing injunction proceedings at the High Court against her employer, who had attempted to suspend her from her duties. Ultimately succeeded in overturning the suspension and obtaining an order for reinstatement.
Tata Consultancy Services Ltd v Sengar: Successfully obtaining interim injunctive relief requiring the delivery up of certain property, and prohibition from communicating or disclosing the confidential information.
Recruitment Agency: Successfully acted for recruitment company in recovery of theft of significant amounts of confidential information that employee physically removed from the office.

Contact our confidential information experts by email on MDREmploymentHighCourt@Mishcon.com

Daniel Naftalin Partner, Chair of Employment +44 20 3321 7242 daniel.naftalin@mishcon.com

Meet the team

Mishcon de Reya’s vast array of expertise enabled the team to draw upon other partners for advice which enabled quick decisions to be made with outstanding legal support. I could not have asked for better legal support if I tried!
Legal 500, 2024

Mishcon de Reya have an exceptional and nuanced understanding of the industry. The service levels and responsiveness are exceptional, always being available across UK and international time zones.
Chambers and Partners, 2024

The breadth of expertise at Mishcon means they can advise across a range of employment issues. They are especially helpful for advising on potentially contentious employment matters which are often time-sensitive.
Chambers and Partners, 2024

One of the best employment law teams in the UK; they are miles ahead.
Chambers and Partners, 2021

A formidable firm, with unrivalled abilities in this area of law. They have strength at every level of seniority and know the law back to front. They are also fearless representatives and very creative thinkers. They are a pleasure to work with.
Legal 500, 2023

Clients appreciate that the solicitors are intellectually curious and highly pragmatic; they're excellent.
Chambers and Partners, 2021

The lawyers are great; Mishcon de Reya fight to the ends of the earth for their clients.
Chambers and Partners, 2021

Well-disposed to handle resolution of significant employer/team move matters.
Legal 500, 2023

Always a pleasure to work with. Timely responses, totally professional attitudes and technical expertise are hallmarks of their service. We have worked with the team for many years, and never experienced anything other than excellent responses from them.
Legal 500, 2021

The team has a first-rate balance of the different skills and experience required. Few other firms can boast the same assured, coherent, accurate, practical and action-oriented approach.
Legal 500, 2021

Individuals have been exceptional at delving into the details of specific and personal circumstances and often offering counsel or strategic advice that goes well beyond the routine role of the solicitor.
Legal 500, 2021

Commercial advice that is delivered in a swift, considered and pro-active way. They are available, efficient, practical, enthusiastic, direct and jargon free.
Legal 500, 2021

I believe that the uniqueness of Mishcon de Reya lies in the fact that they recognise that each client’s case is unique to him/her and they give significant attention to every matter.
Legal 500, 2023

This team is friendly, professional and responsive. They make their clients feel valued and taken care of. I particularly noticed the personal service they were able to offer.
Legal 500, 2023

Their experience in the market is a real asset.
Chambers and Partners, 2024

Mishcon de Reya's team "read the opponent extremely well and [are] able to anticipate their next moves."
Chambers and Partners

A heavy hitter in the legal realm…feel that they’re with you every step of the way, which is so important for individuals squaring up to a large corporate.
Chambers and Partners

Restrictive covenants: our clients' viewsWe asked our clients for their views on the Government's proposal earlier this year to either ban non-compete restrictions; or require employers to pay for non-competes. Read our report here.

Good knowledge of the area at issue.
Legal 500 2023

Well-disposed to handle resolution of significant employer/team move matters.
Legal 500 2023

They are very accessible, understand the clients needs and give you exactly the kind of advice you need at a very reasonable cost.
Legal 500 2023

A formidable firm, with unrivalled abilities in this area of law. They have strength at every level of seniority and know the law back to front. They are also fearless representatives and very creative thinkers. They are a pleasure to work with.
Legal 500 2023

Mishcon has a truly outstanding practice – always at the forefront of innovative cases, and who will fight to the end, this combined with excellent legal skills and tactical nous is highly deserved.
Legal 500 2023

Mishcon understand the complexities of the law and are able to advise the client on wide ranging issues. They are experts in coming up with prompt, pragmatic and practical advice.