21 August 2013

James Chegwidden acts in novel Linked-In High Court injunction

James Chegwidden acts in novel Linked-In High Court injunction

James Chegwidden has obtained a High Court interim injunction against an ex-employee in a novel case highlighting the increasing significance of social media, in this case LinkedIn. In RSS Wessex Ltd t/as Rubicon People v Dawson, Mr Justice Males granted an injunction against the employee after evidence was adduced of the employee’s use of former professional “connections” on the professional networking site “Linked-In” to make contact with clients of his former company. The employee and his new employer opposed the injunction. The Court accepted, however, that making a “connection” on the site (or positively responding to such an invitation) with a former client could reasonably amount to “dealing” with the client upon the matter being proved at trial. As such the injunction issued.

The case goes further than any previous case in establishing that “linking” with others on social media websites will be treated as ‘dealing’ for the purposes of non-competition clauses in an employment agreement.