Signage company and former director enter dispute resolution process

Seretay Ltd brought proceedings against Gary Upton who is alleged to have set up a rival firm after his departure

The High Court. File photograph
The High Court. File photograph

Talks are under way to try to resolve a restraint of competition dispute between a sign supply firm and one of its former directors and shareholders, the High Court has heard.

Companies in Seretay Ltd, the holding company for a number of firms in the Image Quest group, trading as IQ Branding Solutions, have brought proceedings against Gary Upton, who managed key accounts in the group before leaving a year ago. It is claimed he has set up a rival business in breach of a non-compete clause upon his departure.

Two Seretay companies, Zeahix Ltd and Buildixe Ltd, obtained interim injunctions in mid-October preventing Mr Upton and two companies he is now associated with, Marketior Ltd and Monster Branding Ltd, from competing and soliciting the plaintiffs’ customers or employees. The injunctions were granted with only the plaintiffs side represented.

When the case first returned to court, Mr Upton undertook to comply with the terms of the injunctions pending further order. The court heard he had comprehensively answered the claims made by the plaintiff companies.

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When the matter came before the court again on Thursday, Anthony Thuillier BL asked that it be put back again as there had been constructive engagement between the parties to try to resolve matters.

Eoin Sreenan BL, for the defendants, said there had been engagement “to see if we could come to a positive resolution”. He agreed a further adjournment would benefit the case.

Mr Justice Mark Sanfey agreed to adjourn it to allow for further engagement and “on the basis that you can come back to me if there is white smoke”, he told counsel.