- Prohibitory injunction to enforce negative covenant (D v P)
- Practical implications
- What did the court decide?
- Court details
Dispute Resolution analysis: The Court of Appeal has considered the scope of its discretion where the applicant seeks, by way of prohibitory injunction, to prevent the respondent from doing what he has promised not to do. Although the judgment is given in the context of an employment contract (restrictive covenants) the same principles could arguably apply in the commercial context. This decision is of interest to practitioners advising a client whose counterpart is seeking to breach a contractual obligation not to do something.
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