| Commentary

(1) Damages

| Commentary

J.     Remedies for restraint on competition

The normal remedies for breach of restrictive covenants and similar obligations are: (1) damages for breach of contract against the individual, and for the tort of procuring a breach of contract on the part of the new employer; (2) interim, and then final, injunctions. There are a wide range of claims which often also feature alongside a claim to enforce restrictive covenants which are outside the scope of this chapter (conspiracy, breach of fiduciary duties etc).

(1)     Damages

Damages will normally be on a straightforward compensatory basis. A further possibility (particularly against a

To continue reading
Analyse the law and clarify obscure passages all within a practical context.