All posts with the tag: Restrictive Covenants

A judgment in the claim of Affinity Financial Awareness Ltd and anr v Ferguson and ors tantalisingly suggests that we may finally have a decision on enforceability of post-termination restrictive covenants against self-employed contractors.  The full hearing is listed for November 2016 and, absent pre-trial settlement within the next month, the court’s decision may prove … Continue reading Potential for clarity on enforceability of post-termination restrictions against consultants

On 12 February 2016, the Court of Appeal considered an appeal against an injunction enforcing a negative obligation, and expressed doubts about applying the guidance on the discretionary exercise involved in deciding whether or not to grant an injunction given by the Supreme Court in Coventry (t/a RDC Promotions) v Lawrence [2014] UKSC 13. D … Continue reading Court of Appeal considers extent of judicial discretion when awarding damages in lieu of an injunction

In Prophet plc v Huggett the Court of Appeal decided that the High Court should not have read words into and then enforced a post-termination restrictive covenant which, as originally drafted, offered the former employer no protection. The High Court granted an injunction enforcing a non-compete post-termination restrictive covenant which stopped Huggett from joining a … Continue reading High Court should not have read words into badly drafted restrictive covenant

In Capgemini India Private Ltd v Krishnan, former employees of Capgemini, following termination of their employment, gave a contractual undertaking to observe post-termination restrictive covenants set out in their contracts of employment. When Capgemini sought to enforce these restrictive covenants by means of an injunction, the employees argued that the underlying restrictive covenant was actually … Continue reading Injunction to enforce restrictive covenant: relevance of employee undertaking to observe restriction