Restrictive covenants

Protecting your business against unlawful competitive activity and confidentiality breaches can prevent loss and damage. We have expertise in business protection issues, including competitive activity, fiduciary duties and confidential information.

Increasing staff mobility, greater entrepreneurship and technology advances has led to a huge increase in disputes about breaches of restrictive covenants and misuse of confidential information.

Specialists within our national dispute resolution team provide expert advice on all these issues and have extensive experience in dealing with these disputes.

Often, cases require urgent action in pursuing or defending injunction applications and we pride ourselves in providing a highly responsive service, with excellent crisis management skills. We offer a high level of technical skill combined with good strategic thinking. 

Our lawyers

Our national litigation team helps you protect your business from unlawful competition, and facilitating fair competition which stays on the right side of the law.

Our experience

  • Advising a manufacturing client, whose former technical director set up a competing business producing identical products, on claims for misuse of confidential information, passing off and breach of copyright
  • Successfully defending claims against a new start-up business for breach of covenant, breach of copyright, breach of confidentiality and infringement of database rights
  • Acting for a client facing a substantial claim for damages following the uploading of confidential information by a new employee (without the client’s knowledge) and the proliferation of that information throughout the organisation
  • Successfully defending numerous restrictive covenant claims for a company specialising in the setting up of joint ventures with outgoing recruitment consultants
  • Successfully defending three senior managers who set up in competition with their former employer, taking their entire workforce and all of their customers with them, against claims for breach of fiduciary duty, conspiracy and breach of contract
  • Defending a claim for breach of a non-disclosure agreement following a failed joint venture between two research and development companies

Our clients

We act for many types of client including:

  • Manufacturing and technology companies
  • Research & development companies
  • New start-up companies
  • Outgoing employees
  • Businesses bringing in lateral hires
  • Professional partnerships
  • Acquirers or sellers of companies

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