Post-termination restrictions in the UK: key principles and recent developments

This webinar offers an introduction to the basic principles of post-termination restrictions in the UK, including:

• The restraint of trade doctrine and its application in the UK courts
• Different types of post-termination restriction and clarification of the protected interests (non-compete, non-deal, non-solicit for clients, prospects and staff
• Severance and blue-pencilling, including Tillman v Egon Zehnder Ltd
• An examination of scope, including potentially different treatment in the contexts of employment, limited liability partnerships and shares
• Practical considerations, including regular reviews, affirmation, bonus/promotion considerations and TUPE

The webinar will also focus on enforcement and court processes, such as:

• Pre-action correspondence
• Declaratory relief
• Interim injunctions – including applications with/without notice
• American Cyanamid and Lansing Linde
• Agreeing undertakings and cross-undertaking
• Speedy trials, including costs

Finally, the speakers will set out five top tips to be applied when considering post-termination restrictions.

Speakers

Gavin Mansfield – Littleton Chambers

Gavin Mansfield QC is head of Littleton Chambers. Known for being “wonderfully client-friendly”, he specialises in employment, partnership and related areas of commercial law. He has a particular interest in business protection disputes and has acted in many complex team move cases. Gavin is recognised for his ability to “cut to the chase in the courtroom”. His modern, no-nonsense approach, combined with outstanding advocacy skills, has seen Gavin feature prominently in all the legal directories. He was shortlisted for Employment Silk of the Year by Chambers & Partners in 2018 and by Legal 500 in 2016. Notable recent cases have included complex team move cases in the insurance, wealth management and private equity sectors. His expertise in restrictive covenant, fiduciary duty and confidentiality cases has seen him instructed by clients across a wide range of business sectors.

Toni Lorenzo, Partner – Lewis Silkin LLP

Toni Lorenzo leads Lewis Silkin’s High Court employment litigation team alongside Michael Anderson. A great deal of his time is spent advising on restrictive covenants, team moves, confidential information, high value breach of contract claims and arbitrations. Toni has a particular interest in employee competition issues both in the High Court and arbitration, often advising on complex disputes spanning various jurisdictions. He is also a trained mediator. As a fluent Spanish and Italian speaker, Toni’s work has an international element often working on multi-jurisdictional projects. He regularly advises partnerships and LLPs on the specific duties owed by their partners and members as well as in relation to directors’ duties.

Michael Anderson, Partner – Lewis Silkin LLP

Michael Anderson advises companies, LLPs and senior executives on all aspects of employment and partnership law. Michael is particularly interested in High Court litigation and arbitrations and frequently advise on restrictive covenants, confidential information and team moves. Michael has worked on a number of the team’s biggest cases over the years. These have included successfully defending a Hedge Fund against a claim for damages in excess of $200 million and securing an extensive springboard injunction on behalf of a company in the technology sector. Michael is a member of the Employment Lawyers Association, sitting on its Arbitration and Alternative Dispute Resolution Working Group.