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Parsons v Thatchers Wood Residential Company: restrictive covenants and the definition of “a dwelling house”

31 October 2011 | David Marsden

Sometimes the law is seen as confusing and uncertain, and sometimes what was an accepted interpretation is turned upside down by a court judgment. This month is no exception.  We have a further example...

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High Court rules on non-solicitation clause

18 July 2011 | Emma Cameron

Background When a buyer purchases a business, it usually wishes to ensure that the seller cannot compete with the business of the target post-sale. We therefore recommend that restrictive covenants...

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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...

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Failing to enforce restrictive covenants

23 July 2010 | Rebecca Fox | 1 comment

In Associated Foreign Exchange Ltd v International Foreign Exchange (UK) Ltd and another, the High Court held that there was insufficient evidence that a restriction of 12 months went no further than was...

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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...

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