Planon Ltd (claimant/appellant) v Gilligan (defendant/respondent)
Tuesday 5 April 2022
Planon Limited (“C”) appeals the Order of HHJ Johnson (High Court, Chancery Division) dated 5 November 2021 by which he dismissed the application for interim relief to enforce a non-compete covenant (made by application notice issued 22 October 2021).
Factual background: The application arises as a result of D leaving C’s employment to work for a competitor (ServiceNow). C is a UK subsidiary of Planon BV and is in the business of the design, development and sale of facilities management software – a niche market with only 4-5 other firms operating on a global scale. C’s key competitor is ServiceNow – a large US software company. D took up employment with ServiceNow after the expiry of his notice period on 6 August 2021. C became aware of this on 1 September 2021.