11KBW success in major team poaching claim


Following a three week trial earlier this year, the High Court today handed down Judgment in the high-profile insurance sector ‘team move’ claim, Alesco & Ors v Ardonagh & Ors.

Mr Justice Freedman dismissed the Claimants’ conspiracy claim, finding that there had been no such conspiracy, and that the departing employees were dissatisfied and were bound to have left the AJ Gallagher group in any event. In the course of his Judgment, the Judge covered a number of critical issues in the employee competition field, including lawful and unlawful means conspiracy, the scope of the duty of fidelity, the circumstances when a breach of fiduciary duty might arise, and the enforceability of clauses requiring employees to disclose offers of employment from competitors.

The Judgment can be found here.

Amy Rogers (led by David Craig KC of Essex Court and leading Jamie Susskind) represented the First, Second and Third Defendants, instructed by Michael Anderson of Lewis Silkin; Richard Leiper KC and Michael Lee represented the Fourth Defendant, instructed by Daniel Naftalin of Mishcon de Reya; and Jane McCafferty KC and Simon Forshaw represented the Fifth Defendant, instructed by Peter de Maria of Doyle Clayton.