The following Employment guidance note provides comprehensive and up to date legal information covering:
The remedies available in cases involving attempts to enforce post-termination restrictions may conveniently be divided between:
interim remedies available before final trial, and
remedies available following final trial of the case
Interim remedies typically consist of injunctions—see Practice Notes:
Interim injunctions in employee competition claims
Springboard injunctions in employee competition claims
Delivery up orders in employee competition claims
Search orders in employee competition claims
Freezing orders in employee competition claims
Although the court will now usually order an expedited trial in employee competition cases, it is often the case that claims involving the enforcement of post-termination restrictions will never reach a final trial—the main battle between the parties tends to take place at an interim stage where the employer seeks, and the employee resists, the granting of injunctive relief.
Once that initial battle is over, which tends to be relatively quick and cheap in terms of overall litigation costs, the parties tend not to pursue the much more time-consuming and expensive process leading to a full trial and conclude a settlement instead.
However, in the rare case that does proceed to trial the final remedies available include:
an account of profits (see below), or
damages (see Damages in employee competition claims)
final and permanent injunctions (see Final and permanent injunctions in employee competition claims), and/or
**Trials are provided to all LexisPSL and LexisLibrary content, excluding Practice Compliance, Practice Management and Risk and Compliance, subscription packages are tailored to your specific needs. To discuss trialling these LexisPSL services please email customer service via our online form. Free trials are only available to individuals based in the UK. We may terminate this trial at any time or decide not to give a trial, for any reason. Trial includes one question to LexisAsk during the length of the trial.
To view the latest version of this document and thousands of others like it, sign-in to LexisPSL or register for a free trial.
Existing user? Sign-in
Take a free trial
0330 161 1234
To view our latest legal guidance content,sign-in to Lexis®PSL or register for a free trial.