Originally Posted by
an.other
How specifically was easyJet materially mislead?
115. On 1st July, 2019 Mr. Bellew sent to Ms. Bennett what he described as a copy of his current contract with Ryanair. What was attached was a copy of the letter of 10th October, 2017, only. He wrote that, “My Irish solicitor has reviewed all correspondence, share agreements etc., in relation to employment restrictions.” That was true, but at best ambiguous. On the same day Ms. Bennett replied that there appeared to be no restrictive covenants in his contract but “Could I just double check there are no additional side letters or correspondence that sets out any employment restrictions?” On 3rd July, 2019 Mr. Bellew replied that he had “... taken extensive legal advice in Ireland which says that there is no impediment to my joining or a non-compete other than a six months’ notice period.” At least with the benefit of hindsight, this reply was not really an answer to the question, but Ms. Bennett appears to have thought it was, for she replied on 4th July, 2019 “Thank you for your confirmation that you are not aware of any restrictive covenants that would apply to you.”
119. Mr. Bellew was asked a simple question by Ms. Bennett, which was whether there was any side letter or correspondence that set out any employment restrictions. There was. Mr. Bellew did not tell Ms. Bennett that there was but sought to evade the question by referring to legal advice that there was no impediment to joining or a non-compete other than a six months’ notice period. In my view, Mr. Bellew’s letter to Ms. Bennett of 3rd July, 2019 was not only misleading but was untrue. If there was an issue as to the validity or enforceability of the restraint, it was a matter on which easyJet was entitled to form its own view. I find that the statement that there was no non-compete, in reply to a question as to whether there was any side letter or other correspondence that set out any employment restriction, was false
From the Ryanair DAC vs Peter Bellew Judgement - Can't post links but available on the courts.ie website