The court considered whether a contract of employment for a solicitor was in a special class when considering the implication of restrictive covenants into an assistant solicitor’s contract. As to the solicitor’s connection: ‘The essential question is whether the solicitor is entitled to canvass clients of the firm. In doing so, the solicitor is indeed taking advantage of a professional connection with clients. But that connection is no different in principle form the trade connection that, for instance, a milk roundsman may acquire with his employer’s customers.’ (Leggatt LJ)
Potter LJ spoke of what kind of post employment restrictive covenants might be effective: ‘Since the employer plainly has an interest in retaining customers who are current or recent, an express non-solicitation covenant which is limited to customers with whom the ex-employee has had contact in the course of his employment and which is limited in time, is likely to be justifiable under the first head. However, the question of justification will always depend on the precise terms of the covenant, and evidence as to the nature of the business and the extent or reality of the customer connection.’
Judges:
Leggatt LJ, Potter LJ
Citations:
[1997] EWCA Civ 973, [1997] IRLR 453
Links:
Jurisdiction:
England and Wales
Cited by:
Cited – Allan Janes Llp v Johal ChD 23-Feb-2006
The claimant sought to enforce a restrictive covenant against the defendant a former assistant solicitor as to non-competition within a certain distance of the practice for a period of three years. After leaving she had sought to set up partnership . .
Lists of cited by and citing cases may be incomplete.
Employment
Updated: 05 November 2022; Ref: scu.141369