Law firms can obtain a ‘springboard’ injunction to prevent solicitors from taking clients with them if they leave suddenly, a High Court decision has ­indicated – even if their employment contract does not expressly forbid taking clients.

Dass Solicitors in Birmingham filed for an injunction in an urgent High Court hearing earlier this year after William Southcott, an associate solicitor in the criminal law department, left the firm. The firm claimed Southcott had left without giving notice, even though there was a three-month notice period written into his contract, and had attempted to take clients with him.

The judge granted Dass a three-month injunction preventing Southcott from working for the clients, despite the fact that there was no restrictive covenant in Southcott’s contract preventing him from taking clients. In a judgment published last month, Judge David Grant said this was a ‘classic example’ of the type of case where springboard relief should be granted.

Cassandra Moore, an associate legal executive at Dass Solicitors, said: ‘There was no constraint of trade clause in the defendant’s contract, so we had to rely on an implied breach of the duty of fidelity, which is an unusual claim.’

Southcott said: ‘Whilst I personally had an unusually quiet 3 months I felt very sorry for my former clients given the decision. However as a result of the order's expiration I'm pleased to say those that wanted to have now been able to transfer and be represented by myself.’

Barrister Alastair Smail of St Philips Chambers in Birmingham acted for Dass.