Buch, Englisch, 792 Seiten, Format (B × H): 192 mm x 245 mm, Gewicht: 1484 g
Covenants, Confidentiality, and Garden Leave
Buch, Englisch, 792 Seiten, Format (B × H): 192 mm x 245 mm, Gewicht: 1484 g
ISBN: 978-0-19-958769-8
Verlag: Oxford University Press
Employee Competition: Covenants, Confidentiality, and Garden Leave is a comprehensive and practical text for solicitors, barristers and in-house lawyers practising in employment law, and human resource professionals. It provides detailed analysis of the full range of issues that are encountered in contentious and non-contentious work concerning all forms of competition by employees, directors, partners, LLP members, and others.
Written by a team of leading practitioners from Blackstone Chambers and Olswang, the book combines an authoritative account of the substantive law with an overview of the relevant procedural issues. Topics covered include good faith and related duties, fiduciary duties, confidential information, garden leave, and restrictive covenants. Comprehensive coverage of available remedies (including injunctions, damages, and account of profits) ensures that the book is of real, practical value to
practitioners.
This new edition has been substantially revised to take into account a wealth of case-law that has emerged since the previous edition was published. A notable development is in the area of economic torts and the liabilities of third parties, in light of the House of Lords' decision in Mainstream Properties v Young. This involved a fundamental review of the nature of economic torts and the role of intention in relation to third party liability. The section on team moves has been
substantially revised to take account of recent case law including Tullett Prebon v BGC.
There is also a new chapter on the international dimension, reflecting the increasing importance of this issue, which includes examination of common law jurisdictional rules, European measures (such as the Judgments Regulation and Rome I Regulation), and important recent cases such as Samengo-Turner v Marsh and Duarte v Black & Decker.
Containing checklists, material on drafting, and sample clauses at the end of chapters, as well as appendices identifying key decisions in the field, the work provides a practical and user-friendly guide to employment covenants.
Occasional papers from the authors updating the contents of the book, will appear on the Blackstone Chambers website at http://www.blackstonechambers.com/practice_areas/employment. html.
Zielgruppe
The primary readership will be barristers and solicitors specializing in employment law, commercial law and litigation. The secondary readership will be academics and students. It may be of interest to employment practitioners in foreign jurisdictions such as the United States Ireland, the European Union, the Commonwealth and common law jurisdictions, where similar employment covenants and legal principals apply.
Autoren/Hrsg.
Fachgebiete
Weitere Infos & Material
1: Introduction
Aim
Structure of the book
Restraint of trade
2: Duties
Sources of duties
Who owns duties?
Good faith and fidelity
Diverting business opportunities
Companies Act 2006
Economic torts and the liabilities of third parties
Team moves
Checklist
3: Confidential Information and the Database Right
The duty of confidence: an overview
What is confidential information?
Express confidentiality clauses
Defences
Remedies
Database protection
Checklist
4: Garden Leave
Introduction
The rule against specific performance of contracts of personal service
The emergence of garden leave
Garden leave clauses
Imposition of garden leave by the employer
Enforcement of garden leave by the court
Checklist
5: Restrictive Covenants
The general approach to restrictive covenants
Incorporating and changing restrictive covenants
Is it a restraint?
Repudiation
Construction
Legitimate interests
Reasonableness
Severance
Discretion
Restrictive covenants and TUPE
Checklist
6: Vendor-Purchaser Agreements, and Other Commercial Agreements
Introduction
Vendor-purchaser agreements
Partnerships
Other commercial agreements
Checklist
7: The International Dimension
Introduction
The rules applicable to the relationship between employer and employee
The international dimension and the recruiting employer
Flow charts
8: Competition, Sport, Human Rights, and Intellectual Property Law
Introduction
Competition law
Sports cases
Human rights concepts
Intellectual property
9: Pre-Action Steps
Introduction
The claimant employer
The defendant employee
The defendant employer
10: Injunctions and Other Interim Remedies
Introduction
Interim injunctions
Other interim orders
Final injunctions
Contempt of court
Checklist
11: Damages and Other Remedies
Introduction
Compensatory damages for the breach of contract
Restitutionary or gain-based damages for breach of contract
Contractual damages for breach of confidence
Exemplary damages
Liquidated damages
An account of profits and equitable damages
Delivery up and destruction orders
Tracing
Declarations
Alternative remedies - making an election
Remedies against a third party
Interim payment
Checklist
12: Practice and Procedure
The Civil Procedure Rules
Statements of case
Applications for interim relief
Disclosure
Evidence
Trial
Judgements and orders
Appeals
Costs
Mediations and settlement
Appendices
Appendix 1: Computer Forensic Investigations
Appendix 2: Sample Employee Duties Clauses
Appendix 3: Sample Confidential Information Clauses
Appendix 4: Sample Garden Leave Clauses
Appendix 5: Sample Particulars of Claim and Interim Injunction in Garden Leave Case
Appendix 6: Drafting Restrictive Covenants: A Note
Appendix 7: Sample Restrictive Covenants (Employment)
Appendix 8: Sample Restrictive Covenants (Share and Business Sale and Partnership)
Appendix 9: Sample Pre-Action Letters
Appendix 10: Sample Witness Statement in Support of Application for Interim Injunction to Restrain Breach of Restrictive Covenant
Appendix 11: Sample Prayer for Relief for Inclusion in Particulars of Claim
Appendix 12: Summaries of Cases on Restrictive Covenants
