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Paul Goulding QC and Diya Sen Gupta (instructed by Allen & Overy) appeared for the successful defendant in Imam-Sadeque v BlueBay Asset Management (Services) Ltd.

After a trial in the High Court, Mr Justice Popplewell decided that (1) the claimant employee acted in repudiatory breach of his employment contract in assisting the set up and launch of a competitive business, assisting in the recruitment of a fellow employee by that business, and disclosing documents to that business; and (2) a condition in a compromise agreement whereby the claimant would be deemed to be a Good Leaver for the purpose of unvested deferred remuneration provided he did not commit a repudiatory breach of his employment contract prior to its termination, was not an unlawful penalty.

The full judgment is available here http://www.bailii.org/ew/cases/EWHC/QB/2012/3511.html

An article about this judgment has appeared in ELA Briefing (Vol 20 No. 5) and is reproduced here:  Bonuses, breaches of fidelity and the penalty doctrine (293 kb)

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