Compagnie Fruitiere is a large producer, distributor and marketer of fresh fruit and vegetables.
Compagnie Fruitier (who at the time of this matter were known as Dole Fresh (UK) Limited) issued High Court injunction proceedings against 3 ex-employees, an existing Director of the business and another company who, in collaboration with the other parties, set up and funded a competing business. Injunction proceedings were commenced in relation to breach of fiduciary duties, confidentiality and restrictive covenants. The injunction prevented the defendants, by only a few days, from moving £20 million worth of business to the competing business. The matter was resolved in the company’s favour to include: extensive post-termination restrictions, the return of all their company property as well as a significant sum for damages. The client also recovered the majority of their costs as part of the deal.
The employment team was lead by Susanna Gilmartin, partner in the employment team and supported by Ben Stepney and Kerri Boorman who together assisted the client in helping them to identify evidence and build a case sufficient to base injunction proceedings upon. Through robust and pragmatic advice, they enabled the client to take the legal and moral high ground and counselled them in how to manage the communications about the claim internally with their other employees, their suppliers and customers. Had the defendants' plans been successful, 20+ people in Compagnie Fruitiere could have potentially been made redundant.