Litigation Solicitors in Colchester, Ipswich, London and Woodbridge
Enforcement of Restrictive Covenants Lawyers
Although Attwells Solicitors are best known for our award-winning conveyancing, we also provide a comprehensive range of corporate and employment law services. When restrictive covenants are breached, the impact on your business can be immediate and serious. Our specialist Litigation Team is on hand to protect your interests swiftly and effectively, working from our conveniently located offices in Colchester, Ipswich, London and Woodbridge.
What Are Restrictive Covenants?
Restrictive covenants are contractual clauses designed to protect a business from unfair competition and the misuse of valuable relationships or information. They are often included in:
- Employment contracts
- Shareholder agreements
- Business sale agreements
- Consultancy or contractor agreements
These clauses are intended to provide security and stability by ensuring that individuals or businesses who leave a commercial relationship cannot immediately take unfair advantage of confidential knowledge, client connections, or market position.
Common Types of Restrictive Covenants
The most common forms of restrictive covenants include prohibitions against:
- Competing with your business: Preventing a former employee, director, or partner from working for or setting up a rival business.
- Soliciting clients or staff: Stopping them from poaching your customers or persuading your employees to leave.
- Using confidential information: Protecting trade secrets, client data, or proprietary processes.
- Operating within a geographic area: Limiting activity in a specific region to protect your local market.
When drafted and enforced properly, restrictive covenants are a vital tool in safeguarding the future of your business.
When Enforcement Matters
If a restrictive covenant is breached, the consequences can be immediate and damaging. A competitor could gain an unfair head start, clients may be lost, and confidential information could be misused.
At Attwells, we act quickly and decisively to protect your rights and stop further harm. Equally, if you are subject to an unreasonable restrictive covenant that is preventing you from moving forward with your career or business plans, we can advise you on options to challenge or remove it.
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Our Services
We provide clear, practical advice and representation on all aspects of restrictive covenants, including:
- Breach of non-compete clauses
- Breach of non-solicitation or non-dealing clauses
- Misuse of confidential information
- Breach of post-termination restrictions
- Applications for injunctions and urgent court orders
Our lawyers understand the commercial realities involved and will guide you towards the most effective solution for your situation.
Our Approach
- We can assess the enforceability of the covenant and whether a breach has occurred.
- We can draft and send cease and desist letter demanding the breach stop immediately. This is often the first step in resolution.
- Where appropriate, we may seek a commercial resolution to avoid litigation.
- If urgent action is needed, we can apply to court for an injunction to stop the breach.
- We can pursue compensation for losses caused by the breach.
Speak to Us Today
Restrictive covenant issues often require urgent attention. The sooner you take action, the stronger your position will be. Call our Head Office on 01473 229200.
