D was director of a company which made filter tubes. Gave notice of termination of employment in March, which ended in July.
· before July D was contacted by one of company’s customers, and told customer that he would be able to supply tubes in his own right after July
· between March and July, D made preparations to manufacture tubes; bought equipment and employed some of employees of company.
C sued for breach of duty of fidelity. Held:
· Was breach of duty of fidelity
Ø buying equipment in preparation for starting company not breach
Ø however canvassing of D’s customersand employment of D’s staff by C whilst still an employee was breach of duty of fidelity