- Post-termination restrictive covenants and breach of duty
- Original news
- Briefly, what was the background to this case and what key issues did it raise, specifically in relation to confidentiality?
- What are the common issues/problems in this area?
- Is this decision helpful in clarifying/resolving these? What are the remaining grey areas?
- What should lawyers take note of?
- Are there any detectable trends in this area? Do you have any predictions for the future?
Commercial analysis: The decision in Decorus provides a timely reminder of the basic legal principles concerning the enforcement of post-termination restrictive covenants in employment contracts. Simon Forshaw, barrister at 11KBW Chambers, examines the judgment in more detail and highlights that the key issue for employers is that such covenants must be supported by consideration.
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