News & Analysis as of

Restrictive Covenants Appeals United Kingdom

BCLP

Briefcase 2025 Quarter 2: Key Real Estate Cases and Updates

BCLP on

Case 1: Brown v Ridley and Another - The Supreme Court has clarified that a reasonable belief of ownership for any 10 year period is sufficient to claim adverse possession....more

Walkers

Recreational Land Rights Upheld by the Privy Council

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Walkers have represented the owners of almost 200 residential properties in a successful appeal to the Judicial Committee of the Privy Council concerning the enforceability of recreational golf and beach access rights. ...more

Skadden, Arps, Slate, Meagher & Flom LLP

Employment Flash - July 2020

This edition of Employment Flash summarizes key employment law issues related to COVID-19 as well as two seminal U.S. Supreme Court rulings that protect gay and transgender employees from discrimination, and clarify the...more

White & Case LLP

How long is too long? Construing non-compete restrictions in shareholders’ agreements

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Non-compete restrictions for key stakeholders are common in shareholders' agreements. In Guest Services Worldwide v Shelmerdine, the Court of Appeal upheld a 12-month post-departure restriction, rejecting arguments that...more

Littler

UK Supreme Court Revises Test for Evaluating Post-termination Restrictions

Littler on

To much fanfare and the great excitement of many employment lawyers, the UK Supreme Court recently delivered its first judgment on employment post-termination restrictions for a century, in Tillman v. Egon Zehnder. The court...more

Morgan Lewis

UK Supreme Court Overturns Longstanding Guidance on Severance in Post-Termination Restrictions

Morgan Lewis on

The UK Supreme Court on July 3 issued its judgment in Tillman v Egon Zehnder Ltd, reversing the decision of the Court of Appeal and permitting the severance of a noncompete covenant, which prevented an employee from acquiring...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Separating the Good From the Bad: UK Supreme Court Clarifies “Blue Pencil” Test in Restraint of Trade Cases

On July 3, 2019, in a long-awaited judgment the Supreme Court of the United Kingdom clarified the correct approach to deciding whether words can be severed from a post-employment covenant to leave an employee bound by the...more

Skadden, Arps, Slate, Meagher & Flom LLP

Employment Flash - January 2019

This edition of Employment Flash looks at developments in labor and employment law, including with respect to restrictive covenants; new state anti-harassment laws; minimum wage increases; age bias claims; and the employee...more

Hogan Lovells

Contractual rights outweigh public interest in restrictive covenant case

Hogan Lovells on

The Court of Appeal has sent a firm message to developers who seek to cut corners by knowingly breaching restrictive covenants. A recent decision means that 13 units of social housing, constructed on land on which building...more

Skadden, Arps, Slate, Meagher & Flom LLP

Employment Flash - September 2017

This edition examines recent labor and employment developments at the U.S. federal, state and local levels, including a Texas district court ruling invalidating the Department of Labor's overtime rule; a New York appellate...more

McDermott Will & Emery

Restrictive Covenants: An Important Reminder for Employers

McDermott Will & Emery on

The UK Court of Appeal has just handed down its decision in Rodgers v Sunrise Brokers LLP [2014] EWCA Civ 1373. Although the Court of Appeal rejected Mr Rodgers’ appeal in its entirety, it made some interesting observations,...more

Faegre Drinker Biddle & Reath LLP

Court Was Wrong to Re-Write Covenants

In Prophet v Huggett [2014] ECWA Civ 1013, the Court of Appeal has overturned a recent decision of the High Court in which it had re-written a non-compete covenant to give it commercial effect. You may recall that we...more

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