- Restrictive covenant ‘saving the document’ rule only applies for ambiguity (Tillman v Egon Zehnder)
- Original news
- What is the impact of this judgment?
- What is the relevant background law?
- What were the facts?
- What did the High Court decide?
- What did the Court of Appeal decide?
- Case details
Employment analysis: The ‘saving the document’ rule about choosing an enforceable construction of a post-termination restriction over a non-enforceable alternative legitimate construction only applies where there is ambiguity. In addition, being a shareholder in a company carrying on a business is likely to be seen as being ‘interested in’ and/or, at any rate ‘indirectly’, ‘concerned in’ that business, according to the Court of Appeal.
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