Restraint of Trade/protection of information enforcement

This area demands a lot of common sense and “zero” delay.

Often employees sign a restraint but have no intention of abiding by it or will listen to a lawyer who says it’s “not worth the paper it’s written on”. 

Not true, if it’s a well-drafted restraint (one of Luke’s) and there is a serious protectable interest at stake. A court will not protect from mere competition, there must be more. So common sense must be applied.

Are you wanting to enforce the restraint just because you are annoyed the employee is leaving? Or are they heading to a competitor and you have legitimate concerns.  Have you screened their emails and found confidential information has been sent to their home email? What are the circumstances? 

You need to move fast as delay in seeking urgent court orders for confidential information to be returned/destroyed or to stop an employee starting with a competitor will not work in your favour before the Court.

Luke has extensive experience in drafting, advising on and representing clients on both sides of a restraint case and in seeking urgent orders on breach of confidentiality.

Luke acts quickly and advises pragmatically.  If it’s a case not worth pursuing he will tell you because these cases are expensive, labour intensive and, depending on motive, sometimes just not worth it.  You will appreciate his objectiveness in what are normally heated/emotional matters.

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