Lansing Linde v Kerr [1991]

In Lansing Linde Ltd v Kerr [1991] IRLR 80 CA, the Court of Appeal ruled on an employer's application for an interim injunction to prevent a former employee from working for a competitor in violation of a restrictive covenant. The court affirmed that the High Court had the discretion to deny the interim injunction due to congestion in the court system, which would result in a full trial taking place after a significant portion of the restrictive covenant period had lapsed.

The employer sought to restrain the former employee from joining a competitor company based on the breach of a restrictive covenant. However, the High Court, considering the delays in the court system, recognised that a full trial could not occur until most of the restriction period had passed. In light of these circumstances, the High Court took into account the plaintiff's prospects of success at the trial when deciding on the interim injunction.

The Court of Appeal upheld the High Court's decision, affirming its entitlement to consider the practical implications of the delay in the legal process. This case underscores the importance of a court's discretion in assessing the appropriateness of interim injunctions, especially when the timing of a full trial may impact the effectiveness of the restrictive covenant.