High Court Backs Stark’s 9-Month Non-Compete, Rejects Huws Gray’s 6-Month Ban
Updated
Updated · buildersmerchantsjournal.net · Jun 22
High Court Backs Stark’s 9-Month Non-Compete, Rejects Huws Gray’s 6-Month Ban
1 articles · Updated · buildersmerchantsjournal.net · Jun 22
Summary
June rulings split two builder-merchant disputes: Stark won enforcement of a 9-month non-compete against a former procurement executive who joined MKM, while Huws Gray lost its bid to block ex-sales manager Daniel Gentleman.
Judge Jonathan Russen said Huws Gray’s 6-month restriction went too far because its contract did not define “Restricted Customer” or “Restricted Potential Customer,” even though the company had a legitimate interest in protecting customer ties.
The court indicated narrower non-solicitation or non-dealing clauses would likely have been more defensible than stopping Gentleman from joining MKM’s new Swindon branch within 20 miles of his former patch.
Stark succeeded because the court found its covenant reasonably necessary to protect confidential information, especially sensitive “Net Net Prices” that could benefit a competitor.
The paired decisions underline that UK courts will uphold non-competes when tightly drafted around clear business interests, but strike them down when broader than necessary.