Experience Hendrix LLC v PPX Enterprises Inc [2003] EWCA Civ 323

Remedies: A walk in the park

Kayleigh Bloomfield looks at Wrotham Park damages ‘The Wrotham Park remedy attempts to quantify a sum which might reasonably have been negotiated between the parties as a quid pro quo for giving permission to the wrongdoer to act contrary to his or her contractual obligations.’ Restrictive covenants may be instinctively characterised as belonging to the …

Continue reading "Remedies: A walk in the park"

This post is only available to members.

Post-Termination Restrictions: Winning damages in One Step

A recent Court of Appeal decision may make it easier for employers to obtain Wrotham Park damages, explains Bob Fahy ‘Devenish can leave a claimant in difficulties where the problem is a lack of evidence to demonstrate loss. One potential solution is to seek Wrotham Park damages.’The remedies available where an ex-employee has unlawfully used …

Continue reading "Post-Termination Restrictions: Winning damages in One Step"

This post is only available to members.

Restrictive Covenants: One step beyond?

Gary Freer examines a recent case in which the court awarded gain-based damages for breach of employees’ restrictive covenants ‘The Wrothan Park decision was an exception to what was then the general rule that damages based on the wrongdoer’s gain are not available to remedy a breach of contract.’ In claims for damages for breach …

Continue reading "Restrictive Covenants: One step beyond?"

This post is only available to members.