Restraints of Trade Explained

Materials comprised of a Paper and a PowerPoint Handout

Presenters:

Deirdre Watson, Barrister

Helen Gilbert, Barrister

Synopsis:

If drafted and used correctly, restraint of trade clauses can be an effective tool to protect a business’s propriety interests. Get it wrong however, and a business could stand to lose its key clients and important trade protections.

These materials examine the use, dispute, and enforcement of restraint of trade clauses in both the commercial and employment contexts and cover franchise agreements, agreements for the sale and purchase of a business/shares and employment agreements.

These materials will help you:

• Become familiar with recent case law and the principles applied by the courts in determining whether a restraint of trade clause is valid and enforceable.
• Receive tips for drafting restraint of trade clauses to ensure that they are enforceable and have their desired effect.
• Receive guidance and practical advice on the key remedies available and what to focus on for injunctive relief.
• Consider the enforceability of restraint of trade clauses in the employment context where there has been a breach of an employment agreement; where the employee has been placed on garden leave or where an employee has been made redundant.

Intended Audience

All Lawyers or HR advisors / advocates who use, dispute and enforce restraint of trade clauses.