Enforcing Restrictive Covenants

Including restrictive covenants in employment contracts is an important way to protect your business. Covenants can be used in various ways but generally focus on preventing others from gaining an unfair advantage. We advise clients on an appropriate strategy, guiding on enforceability and drafting robust restrictions. If a covenant is breached, our experienced litigators will advise you on the best way to enforce these restrictions and protect your business.

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Safeguarding your business interests

Restrictive covenants, if implemented correctly, create a clear framework for both parties, setting out what can and can’t be done after an individual leaves the business. Our employment specialists advise on drafting covenants correctly and with a clear strategy in mind, to ensure that they are enforceable should the need arise.

There are four general types of covenants – non-competition, non-solicitation, non-dealing and non-poaching – care should be taken to choose the most appropriate one(s). We have advised numerous businesses on the implementation of restrictions, making sure that they are relevant and proportionate to seniority of the role. Our advice also considers the standard approach to covenants in your industry, ensuring that they are clearly drafted and that the restrictions are not too wide.

Enforcing restrictive covenants

Our specialist litigation solicitors advise on the credibility of your evidence and whether the covenants in place are likely to be enforceable. If a covenant has been breached, we can advise on the best course of action including seeking an injunction or damages to compensate for lost business. We have specialist lawyers within our team who focus on this area, making sure proceedings are initiated swiftly and effectively.

We often coordinate court ordered searches, if vital confidential information is at risk, to allow the seizure and forensic examination of electronic devices and equipment and prevent further harm being caused. On other occasions we have been able to guide our clients to a swift resolution without the need for court proceedings. We regularly help a range of organisations to successfully resolve restrictive covenant disputes including recruitment companies, energy suppliers, PR and marketing agencies, architects and financial services firms. Our team also acts for individuals, assessing the enforceability of their restrictive covenants and challenging or renegotiating the restrictions.

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Hear what our clients say about us

Tom Williams at HCR Law successfully contested the contract and negotiated an excellent outcome.

Client testimonial Dispute Resolution

Tahlia is acting for us in relation to a £7 million claim. She is guiding us through the litigation process brilliantly and is adept, well-connected and an excellent communicator.

The claim is technically complex, and Tahlia’s immense knowledge and experience makes navigating the difficult landscape of litigation much easier.

She has been great at helping us navigate some significant challenges that have arisen, is organised and keeps a keen eye on costs.

Client Claim in the Technology and Construction court

It was a tough time for the business, having to deal with this dispute in the middle of a pandemic, but with the assistance of Harrison Clark Rickerbys, it was a great relief that a resolution was eventually reached at mediation. Now the business can look forward to the future with a fresh start.

We found Steve Murray to be very professional and focused on the real issues of the dispute and not distracted by anything not relevant. Steve was able to appreciate and understand the many challenging issues that a family business has.

At times it was getting difficult for us to deal with all the bogus accusations, but each time I discussed anything with Steve over the phone, I always felt more positive, which was a great help. I would not hesitate to highly recommend Steve and his team for any dispute that cannot be easily resolved.

Client Family business in Gloucestershire

Simon managed an extremely difficult and acrimonious dispute with my former partner over a period of several years. Throughout this time he was extraordinarily pro-active and supportive whilst acting as a much needed, and very effective conduit, or barrier, between myself and the third party.

His advice was clear and first-class, and without his guidance throughout the case I have no doubt that the outcome would have been very different. Communication was excellent at all times, and he responded almost immediately to any queries I raised.

I feel very fortunate to have been represented by Simon, and I am extremely grateful to him for his time, patience and wisdom. I have recommended him to a number of clients and colleagues, and shall continue to do so.

Client Successful dispute over property and finances

I am extremely appreciative of the outstanding legal representation provided by Claire. Her expertise in handling my professional negligence matter was evident throughout the entire process. Not only was she highly professional and knowledgeable, but she was also very kind and understanding. She skilfully navigated the complexities of the case, always keeping me informed and addressing my concerns.

What impresses me the most was her honesty and level-headedness – she never made unrealistic promises, but instead provided a clear and accurate assessment of the situation and was careful to manage expectations. Her unwavering support and genuine care made a difficult time much more manageable. I wholeheartedly recommend her to anyone seeking legal representation.

Client Professional Negligence Claim

We worked with Claire on a complicated family company dispute where, at times, emotions ran high.

Claire took the time to understand our needs and worked closely and diligently with us, and a suitable settlement was reached.

Throughout the case, Claire was professional and proficient and always took the time to explain each step in lay language, which meant we always felt a part of the process.

Claire is an excellent solicitor with brilliant interpersonal skills and empathy. I would highly recommend her to anyone who requires and experienced dispute lawyer.

Client Dispute within a family run business

Over the last year or so, we have instructed Elizabeth Beatty to act for us on several complex litigation matters. She has provided an outstanding service. She is proactive, responsive, and technically gifted. The support given to us has been exemplary.

We have benefitted greatly from her knowledge, expertise, commerciality and overall understanding of our business and its objectives. We have been very happy with our experiences with HCR in general and Elizabeth in particular.

Tim O'Gorman – General Counsel and Company Secretary Halfords Group Plc

We have been blessed by the guidance of Simon during a very difficult and lengthy dispute with a former client.

Simon was able to give our company the strength and direction we needed to be able to not only stand up for ourselves but also develop an extremely strong strategy. Not only is Simon readily available and willing ….Simon’s guidance and intelligence have been invaluable.

 

Client Company Dispute

Your service was just what was needed to solve this matter. I would always be very happy to use your services again if ever needed. Thanks again.

Client Dispute at livery yard

I would like to reiterate my gratitude for all your help and guidance. It’s been a real weight off having you handle the situation, and the professionalism and efficiency of service has been exceptional.

Client Dispute between to equestrian practice owners

Over a week now since my story with you has been finalised, and with that I would like to say how amazing you were. HCR are very lucky to have you.

Your professionalism was outstanding, your ability to recall vital information, and depth of knowledge to my case was exemplary.

I cannot speak highly enough of you, and of course your paralegal, Simona, who quietly also knew everything. Enormous thanks for getting me through my story.

Client Professional Negligence Dispute

The process was made really easy by HCR Hewitsons and the news was such a relief for us. A superb, professional, and personal service as usual – I can’t thank you enough.

Client Adverse possession claim

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