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or “oppressive”.
This means that the power to make the order is dependent upon there being wrongful conduct of the party to be restrained, against which the applicant is entitled to complain and has a legitimate interest in seeking to prevent. In British Airways v Laker Airways [1985] AC 58, Lord Diplock said that it was necessary that the conduct of the party being restrained should fit “the generic description of conduct that is 'unconscionable' in the eyes of English law”.
The facts in Turner v Grovit
In 1990, Mr Turner was recruited to work as group solicitor for the Chequepoint group of companies. The group's business was essentially running several bureaux de change. Mr Grovit was, in the words of Lord Hobhouse in the House of Lords, the “directing mind” of the group. Mr Turner's employment contract was first entered into through a company in the Chequepoint group, incorporated in Hong Kong but registered in England https://www.51lunwen.org/liuxuelunwendx/under the Companies Act 1985. The employment contract was governed by English law. It was later transferred to another company in the Chequepoint group (Chequepoint UK Ltd). This company was incorporated in the British Virgin Islands (BVI), though again with a registered presence in London under the Companies Act.
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