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Restricting former employees from soliciting your workers and clients: what is the legal position?

14 June 2011 | Michael Delaney

I was recently asked to provide an answer to an employment question posed in Jonathan Moules’ ‘Business Questions’ column in The Financial Times newspaper, which appeared in the Saturday 11 June 2011...

Tags on this discussion: confidential information contract Employees Employers Financial Times restrictive covenant unfair competition

Developers beware of restrictive covenants – George Wimpey Bristol Ltd and Gloucestershire Housing Association Ltd

19 April 2011 | Stephen Carew

Wimpey Homes and Gloucester Housing Association applied to the Lands Tribunal to modify a restrictive covenant under section 84(1)(aa) of the Law of Property Act 1925 (LPA 1925). The covenant stated...

Tags on this discussion: developers development George Wimpey Gloucestershire Housing Association Planning planning permission residential property restrictive covenant

Restraint of trade clause not to set up in business within five miles for 12 months was unreasonable and therefore unenforceable – Tim Russ v Simon Robertson, High Court

12 April 2011 | Paul Gershlick

TR was an estate agency firm. It required its staff to enter into restrictive covenants that lasted for 12 months following termination of the contract. They included an obligation not to solicit TR’s...

Tags on this discussion: agreement agreements anti-competition anti-competitive breach breach of contract commercial commercial agreement commercial agreements Commercial contract commercial contracts commercial law contract contracts employ employee Employees employer Employers Employment High Court injunction non-solicitation reasonable reasonableness restrictive covenant Restrictive Covenants unenforceable unreasonable

Court refuses to sever offending wording in restrictive covenant clause if it affected another clause – Francotyp-Postalia v Whitehead, High Court

13 March 2011 | Paul Gershlick

The franchisor and franchisee had restrictive covenants on the franchisee after termination. In order to be enforceable, restrictive covenants have to be reasonable as to duration, area and content. If...

Tags on this discussion: agreement agreements area blue pencil test breach breach of contract commercial commercial agreement commercial agreements Commercial contract commercial contracts commercial law contract contracts duration franchise agreement franchisee Franchising franchisor High Court non-compete non-solicitation reasonable reasonableness restrictive covenant Restrictive Covenants severability term termination unenforceable unreasonable

Lonmar Global Risks Limited v West – Harmless misconduct?

23 December 2010 | Bob Fahy

HR Magazine recently published an article that I did on the case of Lonmar Global Risks Limited v West & others. The interesting point about the case was that two senior employees were found by the...

Tags on this discussion: duty of fidelity Employees Employers Employment Employment issues HR Magazine HRMagazine Lonmar Global Risks Limited Lonmar Global Risks Limited v West Niel Mee restrictive covenant Restrictive Covenants West

Restrictive covenant was justified to protect franchisor’s know-how – Pirtek v Joinplace, High Court

14 July 2010 | Mark Weston

P had granted a 10 year franchise agreement to X. Following the termination of the agreement, the franchisee and others were involved in competing with P’s business. P alleged that this was in breach...

Tags on this discussion: breach breach of contract Chapter I Prohibition Competition Act competition law contract contract law contracts franchise agreement franchisee franchisor High Court injunction restraint of trade restrictive covenant Restrictive Covenants

Latest news and views tagged restrictive covenant

Restricting former employees from soliciting your workers and clients: what is the legal position?

Developers beware of restrictive covenants – George Wimpey Bristol Ltd and Gloucestershire Housing Association Ltd

Restraint of trade clause not to set up in business within five miles for 12 months was unreasonable and therefore unenforceable – Tim Russ v Simon Robertson, High Court

Court refuses to sever offending wording in restrictive covenant clause if it affected another clause – Francotyp-Postalia v Whitehead, High Court

Lonmar Global Risks Limited v West – Harmless misconduct?

Restrictive covenant was justified to protect franchisor’s know-how – Pirtek v Joinplace, High Court

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