Non-competition clauses

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  • Restrictive covenants: Non-solicitation clause enforced by injunction

    Date:
    15 January 1998
    Type:
    Law reports

    In Dentmaster (UK) Ltd v Kent, the Court of Appeal overturns a refusal by the High Court to grant an interlocutory injunction to enforce a six-month post-termination covenant prohibiting a former employee from soliciting business from those who were his employer's customers during the last six months of his employment and with whom he had dealt at any time during his employment.

  • Restrictive covenants: Contract partially in restraint of trade was enforceable

    Date:
    1 November 1997
    Type:
    Law reports

    In Marshall v NM Financial Management Ltd, the Court of Appeal holds that an agreement to pay a self-employed insurance sales agent commission after the termination of his agency agreement could be enforced, notwithstanding that payment was made dependent upon the fulfilment of certain conditions which were held to be in restraint of trade and so void.

  • Restrictive covenants: No implied term against soliciting clients

    Date:
    15 October 1997
    Type:
    Law reports

    In Wallace Bogan & Co Ltd v Cove and others, the Court of Appeal holds that, in the absence of express covenants in their contracts of employment, there was no implied term restraining solicitors from canvassing clients of their previous firm.

  • Restrictive covenants: Joint venturer can enforce staff-poaching restraints

    Date:
    15 September 1997
    Type:
    Law reports

    Restrictive covenants may be enforced so long as the covenantee has a legitimate interest to protect and the covenant is no wider than is necessary to protect that interest, holds the Court of Appeal in Dawnay, Day & Co Ltd v de Braconier d'Alphen and others.

  • Restrictive covenants: Enforceability of restrictions on poaching of staff

    Date:
    1 June 1997
    Type:
    Law reports

    In Dawnay, Day & Co Ltd v de Braconier D'Alphen and others, the High Court confirms that the maintenance of a stable workforce is a legitimate interest for protection by means of a restrictive covenant in a contract of employment.

  • Restrictive covenants: Restrictive covenants binding despite unlawful termination clause

    Date:
    15 December 1996
    Type:
    Law reports

    The view that restrictive covenants may remain enforceable in the event of termination due to the employer's own repudiatory breach of contract is a legal impossibility, holds the Court of Appeal in Rock Refrigeration Ltd v Jones and another.

  • Contracts of employment: Restrictive covenants enforced after garden leave

    Date:
    15 July 1996
    Type:
    Law reports

    There is no legal basis on which a court can, in enforcing a restrictive covenant by injunction, allow some kind of set-off against the period during which the employee has been on garden leave, holds the Court of Appeal in Armstrong and others v Credit Suisse Asset Management Ltd.

  • Restrictive covenants: Clause providing for wrongful dismissal is unreasonable

    Date:
    15 May 1996
    Type:
    Law reports

    Where in a restrictive covenant case there is evidence that an ex-employee's new business may be "permanently and adversely affected" by the grant of an interlocutory injunction to the former employer, a court has to give some consideration to the relative merits of the parties' cases as they would be determined at full trial, holds the High Court in D v M.

  • Alliance Paper Group Plc v Prestwich [1996] IRLR 25 HC

    Date:
    1 January 1996
    Type:
    Law reports

    In Alliance Paper Group Plc v Prestwich [1996] IRLR 25 HC, the High Court held that the employer was entitled to enforce a covenant restraining the employee from poaching staff who had been employed by the employer "in a senior capacity".

  • Contracts of employment: Lavish customer connection justifies "garden leave"

    Date:
    1 January 1995
    Type:
    Law reports

    A lavish and expensive customer connection which has been developed by an employee at his employer's expense is part of the latter's goodwill, and is something which it is entitled to protect, holds the High Court in Euro Brokers Ltd v Rabey.

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HR and legal information and guidance relating to non-competition clauses.