Gilford Motor Co. Ltd. V. Horne
Horne, a former employee of a company, was subject to a
covenant not to solicit its customers. He formed a company to carry on a
business which, if he had done so personally, would have been a breach of the
covenant.
An injunction was granted both against him and the company to
restrain them from carrying on the business.
The company was described in this
judgment as “a device, a stratagem”, and as “a mere cloak or sham for the
purpose of enabling the defendant to commit a breach of his covenant against
solicitation”.
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