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Article
Former employees may join competitors after just three months
On 10 May 2023 the Government published plans to limit the length of non-compete clauses to three months.
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Article
Why remote working makes enforceable restrictive covenants more important than ever
With many employees no longer confined to an office, how can businesses ensure their key assets remain protected? Neil Warner discusses drafting and enforcing a key…
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Article
Restrictive covenants: protecting the most valuable assets of a business
When a key employee or team leaves to join a competitor, it can be enough to place your business in distress. Partner Neil Warner explains how restrictive covenants…
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Article
Covenants and confidentiality: the key to protecting your business
Restrictive covenants can provide powerful protection for businesses threatened by competition from former employees or directors, but they are often perceived as u…
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Article
Post termination restrictions set during probation
The reasonableness of any post termination restrictions have to be assessed as at the time when they were entered into. Will the fact that employment can be brought…
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Article
The litigation landscape post pandemic: restrictive covenants and confidentiality
Flexible working environments pose a high risk of confidential information ending up in the wrong hands.
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Article
Modifying restrictive covenants: what the Upper Tribunal will look at
In this piece we help you to understand some of the factors that the Upper Tribunal will look at when deciding whether to modify a restrictive covenant affecting la…
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Article
Key considerations for recruiters when strategically using restrictive covenants
This article discusses how restrictive covenants, when used strategically, can help protect your employees, clients and candidates.
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Article
Dangers of wilful breach of a restrictive covenant
Those who believe they can deliberately breach a restrictive covenant affecting land and not follow the necessary procedures should think twice.
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Article
Not a bartering tool: discharging restrictive covenants
Here we look at a case where the Upper Tribunal (Lands Chamber) considered an application to discharge a covenant which restricted the development of the applicant’…