In this case His Honour Justice Dunne remarked as follows:

“the clause at issue in this case is far too wide to protect the legitimate requirements of Net Affinity. It is a clause which does in fact prohibit all competition by Ms Conaghan in the area of services provided by Net Affinity. As has been made clear in the judgment of Clarke, J in the case of Murgitroyd and Company Limited v Purdy such a clause is too wide. In those circumstances, I have come to the conclusion that the non-compete clause is void and unenforceable.”

In Net Affinity, the employer applied to the Court for an injunction to prevent Ms Conaghan from taking up employment with a competitor.