Extensively revised new edition of a leading authority on employee competition, cited in judgments including Tullett Prebon v BGC (Court of Appeal), Crowson Fabrics Ltd v Rider & Ors, RDF Media v Clements, and QBE Management Services (UK) Ltd) v Dymoke & Ors
Combines comprehensive coverage of the substantive law with an extensive treatment of the relevant procedural issues
Offers thoughtful and in-depth analysis of the full range of issues encountered in contentious and non-contentious work concerning competition by employees, directors, partners, LLP members and others, including complex employment covenants
Written by a team of leading experts from Blackstone Chambers and Olswang, led by Paul Goulding QC
Focuses on the issues encountered in practice, and includes helpful checklists and sample clauses, as well as materials on drafting
Contains carefully selected and produced appendices, including a guide to relevant forensic investigations written by a team from Stroz Friedberg
Guides the reader through important procedural aspects, and the range of available remedies (including injunctions, damages, and accounts of profits)
New to this edition
Fully updated to take into account significant case law in the area, including Mainstream Properties v Young
Additional analysis of enforceability of restrictive covenants in deferred compensation and employee benefit schemes
Expanded coverage of team moves, including recent case law such as Tullett Prebon v BGC
Includes a new chapter on the international dimension, with discussion and analysis of Samengo-Turner v Marsh and Duarte v Black & Decker
Employee Competition: Covenants, Confidentiality, and Garden Leave is a comprehensive and practical text for solicitors, barristers and in-house lawyers practising in employment law, and human resource professionals. It provides detailed analysis of the full range of issues that are encountered in contentious and non-contentious work concerning all forms of competition by employees, directors, partners, LLP members, and others.
Written by a team of leading practitioners from Blackstone Chambers and Olswang, the book combines an authoritative account of the substantive law with an overview of the relevant procedural issues. Topics covered include good faith and related duties, fiduciary duties, confidential information, garden leave, and restrictive covenants. Comprehensive coverage of available remedies (including injunctions, damages, and account of profits) ensures that the book is of real, practical value to practitioners.
This new edition has been substantially revised to take into account a wealth of case-law that has emerged since the previous edition was published. A notable development is in the area of economic torts and the liabilities of third parties, in light of the House of Lords' decision in Mainstream Properties v Young. This involved a fundamental review of the nature of economic torts and the role of intention in relation to third party liability. The section on team moves has been substantially revised to take account of recent case law including Tullett Prebon v BGC.
There is also a new chapter on the international dimension, reflecting the increasing importance of this issue, which includes examination of common law jurisdictional rules, European measures (such as the Judgments Regulation and Rome I Regulation), and important recent cases such as Samengo-Turner v Marsh and Duarte v Black & Decker.
Containing checklists, material on drafting, and sample clauses at the end of chapters, as well as appendices identifying key decisions in the field, the work provides a practical and user-friendly guide to employment covenants.
Occasional papers from the authors updating the contents of the book , will appear on the Blackstone Chambers website at http://www.blackstonechambers.com/practice_areas/employment. html.
Readership: The primary readership will be barristers and solicitors specializing in employment law, commercial law and litigation. The secondary readership will be academics and students. It may be of interest to employment practitioners in foreign jurisdictions such as the United States Ireland, the European Union, the Commonwealth and common law jurisdictions, where similar employment covenants and legal principals apply.
