Restrictive covenants/restraint of trade
Our experienced team act for employers, employees and those involved in business sale agreements where covenants are used to protect legitimate business interests and protect the existing business.
Where it appears that a restrictive covenant has been breached, either in an employment context or in a business sale context, it is often necessary to take urgent action. If an ex-employee or vendor has set up a business in competition with the ex-employer or purchaser, the damage being done to the original business will be immediate and damages later on may not adequate compensate or may be too problematic to prove. We take robust and decisive action on behalf of clients in these circumstances and if appropriate seek urgent injunctive relief from the court.
In conjunction with our Employment team, we also advise clients on preventative measures. In an employment context, this might be ensuring that employment contracts are drafted to protect an employer's business as far as possible such as including gardening leave provisions or providing relatively long notice periods requiring the employee to work elsewhere than the key area of the business concerned.
We are happy to provide you with an initial assessment and recommend preliminary action on a fixed fee basis in order to provide you with certainty of cost.