Injunction Upholds Service Agreement
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AN injunction, with costs, to restrain Mr. Albert Sidney Dowding, Ocklynge Road, Eastbourne, from breaking a service agreement by starting an opposition coach-hire business was granted in the High Court on Monday. The grant was made to Mr. Edward Ernest Waterhouse, Dicker Garage, Lower Dicker, Hellingly, Sussex, and Mr. Derick Arthur Waterhouse, Curley Cottage, High Street, Burwash, Sussex, trading as Waterhouse Coaches, Burwash. Mr. Dowding became manager . of Waterhouse's new E,astbourne branch in June, 1958, and in September, 1958, signed a three-year service covenant in which he agreed not to be engaged or concerned, as principal or assistant, in any similar business within 25 miles of his employers' chief. place of business. 1 For Mr. Dowding, it Was claimed that the covenant was too wide in area, scope and time, that he should not be bound by it when he left the plaintiff's employ on November, 8, 1959, and that he was entitled to begin a coach-hire business by buying Johns Cross Coaches, Robertsbridge. It wascontended that a phrase in the agreement might prevent Mr. Dowding even from driving a bus, as distinct from a coach, and possibly working as a cleaner or a maintenance man. Giving judgment, Mr. Justice Paull said that because of the nature of the small an
business of four coaches three cars, the personal character of the work in seeking contracts. and because Mr. Dowding did not bring any connection with him to the plaintiffs, he did not consider that the terms of the covenant were too wide or the distance too great.
He did not agree that the covenant prevented Mr. Dowding from working as a bus driver or conductor.
LEYLAND-PEGASO LINK-UP
A SUBSTANTIAL shareholding in Empresa Nacional de Autocamiones, S.A., of Spain, manufacturers of Pegasa commercial vehicles, has been purchased by Leyland Motors, Ltd. Sir Henry Spurrier, chairman and managing director of Leyland,and Mr. Donald G. Stokes, the general sales and service manager, have joined the board of E.N.A.S.A. The extension of sales of Pegaso trucks in Europe and Latin America is anticipated. The Spanish company have an expanding output of heavy lorries from factories in Barcelona and Madrid. A large quantity of units not manufactured in Spain will be supplied by Leyland.
CONCESSION FORMULA FAILS 'THE Road Haulage Wages Council w it week found fast impossible to w it week found fast impossible to
agree on the proposed concession wording of a prosed
concession under which a man who worked on a customary holiday should
e u, as well as working on n a da
be given off in lie
double pay for the holiday. As a result, the matter will have to be reopened at a further meeting of the Wages Council.