Restrictive Covenants under Common & Competition Law 6th Edition

This work provides practical guidance on the drafting and litigation issues associated with the law of restraint of trade and business secrets. Addressing both common law and competition law aspects, the work provides in-depth analysis of the restraint of trade doctrine. It explains how restraint of trade and business secrets apply in employment relationships, business sales, partnerships and joint ventures, and discusses their impact on a wide range of commercial contracts including distribution, agency, licensing and tying agreements.

 

• Offers drafting and negotiating guidance, interpretation and commentary in relation to business secrets, employer and employees, business sales, partnerships and joint ventures
• Includes new cases developing the law in relation to restraint of trade in employment and commercial law context
• Covers remedies available including injunctions, search orders and damages
• Updated coverage on the changes to employment law specifically gardening leave
• Discusses the principles of governing confidentiality agreements
• Examination of a more commercial and flexible approach on the part of the courts to construing and enforcing employee covenants, as in Norbrook Laboratories (GB) Limited v Adair [2008] EWHC 978 and Tullett Prebon Plc v BGC Brokers LP [2010] EWHC 484
• Features a new chapter on the consideration of a typical restraints and their developments in recent cases
• Updated coverage of consideration of garden leave, severability and private enforcement of competition cases, and arbitration
• Analysis of the law relating to "team moves" - the inter-relationship between garden leave, post-termination restrictive covenants, breaches of express or implied obligations on the part of directors and employees and the torts of inducing breach of contract or damaging business by unlawful means
• Extended consideration of the recent case law relating to the "springboard injunctions" - eg in Vestergaard Frandsen A/S v Bestnet Europe Ltd [2009] EWHC 1456 and its application in UBS Wealth Management (UK) Ltd v Vestra Wealth LLP [2008] EWHC 1974.

Restraint of trade doctrine. Business secrets. Employer and employee. Business sales. Partnerships and joint ventures. Commercial contracts. Interlocutory relief. Final remedies.

 

Jurisdiction: UK/EU/Cth