Restrictive Covenants | Matthew Arnold & Baldwin LLP | Giving you a lot more than just law...

Latest news and views tagged Restrictive Covenants

RSS

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...

Tags on this discussion: David Wilson Homes developers interpretation Landowners parsons residential property Restrictive Covenants Thatchers Wood Residential Company User covenants

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...

Tags on this discussion: Business sale corporate corporate finance Restrictive Covenants Share sale

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

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...

Tags on this discussion: contracts Employees Employers Employment Foreign Exchange reasonableness Restrictive Covenants

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 Covenants

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

High Court rules on non-solicitation clause

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?

Failing to enforce restrictive covenants

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

Contact us

View latest Upload

Subscribe to Upload

Employer Helpline

Events

News