Matthew has considerable experience of acting in business competition cases (particularly in relation to applications for injunctive relief). He has expertise in relation to abuse of confidential information/database rights, enforcing restrictive covenants, springboard relief, diversion of business opportunities and all of the other issues which arise in the context of team-moves. Matthew also acts regularly in claims relating to senior executive compensation/remuneration.
Matthew has acted for clients across a variety of sectors including banking, inter-dealer broking, insurance, technology, recruitment and pharmaceuticals. Some recent cases include:
- JLT Specialty Ltd v Hyperion Insurance Group Ltd and others: acted for the claimant in a large-scale ‘team move’ case in the insurance broking sector. The defendants were alleged to have unlawfully recruited several teams of the claimant’s employees in the wake of the acquisition of the claimant by Marsh & McLennan. Led by Daniel Oudkerk KC. Opposing counsel were David Craig KC and Edward Brown. (2019)
- Chess People Ltd and another v Henderson and others: acted for the claimant in a ‘team move’ case in the technology solutions sector in which the defendants were alleged to have removed a very substantial volume of the claimant’s confidential information. Led by Gavin Mansfield KC. Opposing counsel were Daniel Tatton-Brown KC and Adam Solomon KC. (2019)
- Investec Bank Plc v Muzinich & Co Ltd and others: acted for Muzinich & Co Ltd, an asset management company which was alleged to have unlawfully recruited from Investec a team of employees operating in the aviation finance sector. Led by Daniel Oudkerk KC. Opposing counsel was David Reade KC. (2019)
- Secarma Ltd v Forse and others: acted for the claimant in a large-scale ‘team move’ case in the technology solutions sector. Led by Gavin Mansfield KC then Daniel Oudkerk KC. Opposing counsel were Thomas Croxford KC and others. (2019)
- Al-Bassam v (1) DB Group Services (UK) Limited (2) Deutsche Bank AG (Comm): acted for Mr Al-Bassam in a claim relating to his entitlement to deferred compensation. Led by Jonathan Cohen KC. Opposing counsel was David Craig KC. (2018)
- IBM UK Ltd v Petley (QB): acted for IBM in seeking to enforce post-termination restrictive covenants against a former senior executive who left to join a competitor. Led by Paul Goulding KC. The case settled before trial. Opposing counsel was Richard Leiper KC. (2018)
- ICAP Management Services Ltd v (1) Dean Berry (2) BGC Services (Holdings) LLP [2017] IRLR 811 (QB): acted (leading Alexander Robson) for Dean Berry in defending ICAP’s claim for a garden leave injunction. In addition to ‘classic’ garden leave injunction issues, the case concerned the application of TUPE to the sale (by share acquisition) by ICAP Plc of its inter-dealer broking business to Tullett Prebon Plc (now TP ICAP Plc). Opposing counsel were Daniel Oudkerk KC, Jane McCafferty and Edward Brown; BGC was represented by Paul Goulding KC, Diya Sen Gupta and Kerenza Davis. (2017)
- Hume Brophy Communications v Mary Clark & others (QB): acted (as sole counsel) for Hume Brophy in seeking injunctive relief against four defendants (each separately represented) in the context of an alleged unlawful team-move in the investor relations sector. (2017)
- Alvarez & Marsal v KPMG LLP & others (ChD): acted for KPMG in (i) defending a claim for declaratory relief and (ii) bringing a claim in respect of an alleged unlawful team-move. Led by Gavin Mansfield KC. The case settled before trial. Opposing counsel included Paul Goulding KC and David Craig KC. (2016)
- Bluefin Insurance Services Limited v Global Risk Partners & others (QB): acted for the claimant in a substantial insurance sector team-move case (led by Gavin Mansfield KC). Conducted advocacy at the interim stage. The case settled at trial. Opposing counsel were Damian Brown KC and Adam Solomon. (2016)
- Hitachi Rail Europe Ltd & anor v Matrix Research Ltd & anor (ChD): acted (as sole counsel) successfully for the respondent to an application for a Norwich Pharmacal order sought by the claimants in support of rights under the Data Protection Act 1998. (2016)
- acted (as sole counsel) for a FTSE 100 technology company defending claims for injunctive relief in support of post-termination restraints, springboard relief and negotiating damages. The case settled shortly before the speedy trial. Opposing counsel was Jonathan Cohen KC. (2015)
- acted (as sole counsel) for four defendants in the travel bond market defending claims for injunctive relief in support of post-termination restraints, springboard relief and damages in circumstances where there was an alleged attempt to re-create/divert the claimant’s entire business. The case settled. Opposing counsel were David Reade KC and Dale Martin. (2015)
- acted (as sole counsel) for a Lloyd’s broker in seeking to enforce against a former employee/shareholder post-termination restraints in a shareholder’s agreement. Favourable undertakings were extracted and the case was then settled. Opposing counsel was a leading KC. (2015)