We have adopted a specialist team approach to our practices for many years. We feel that this is the way our clients want us to work, and that specialisation leads to the provision of a better service.
We have adopted a specialist team approach to our practices for many years. We feel that this is the way our clients want us to work, and that specialisation leads to the provision of a better service.
Insights
27/03/2025
James Wibberley resists enforcement of restrictive convents
On 12 March 2025, the High Court handed down judgment in Kau Media Group Ltd v Hart, rejecting a claim by a digital marketing agency to enforce restrictive covenants within a former employee’s contract of employment. The employee in question, Mr Hart, had been employed as an account director, before being hired to work in-house by a former client of the claimant. The claimant argued this breached the non-complete, non-solicitation and non-dealing obligations Mr Hart was under.
The judgment contains salutary lessons for those seeking to enforce restrictive covenants about the need to properly particularise the ‘legitimate business interests’ they seek to enforce. In his judgment, Jeremy Hyam KC (sitting as a High Court judge) was highly critical of the claimant’s approach, noting the failure to identify both the customers in respect of whom a ‘customer connection’ was alleged, and also the specifics of the confidential information in respect of which protection was sought.
The short comings in the claimant’s pleadings were, however, the least of the claimant’s problems. Acceting James’ submissions, the Court found that the claimant could not establish: (1) the restrictive covenants were engaged by the move ‘in-house’ (2) a legitimate interest in need of protection; or (3) the reasonableness of the covenants vis the specifics of the industry.
James was instructed by Jared Ursell of Acuity Law.
To view the full judgement please follow the link here
Call: 2009
Sign up
To be kept up-to-date with our latest news and future events, please complete the short form.
A member of the clerking team will help you resolve your request.
© 2025 - Guildhall Chambers | Barristers regulated by the Bar Standards Board.
Website designed and developed by tela.
