Enforcing Restrictive Covenants

Including restrictive covenants in employment contracts is an important way to protect your business. Covenants can be used in various ways but generally focus on preventing others from gaining an unfair advantage. We advise clients on an appropriate strategy, guiding on enforceability and drafting robust restrictions. If a covenant is breached, our experienced litigators will advise you on the best way to enforce these restrictions and protect your business.

Five lawyers discussing restrictive covenant laws

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Safeguarding your business interests

Restrictive covenants, if implemented correctly, create a clear framework for both parties, setting out what can and can’t be done after an individual leaves the business. Our employment specialists advise on drafting covenants correctly and with a clear strategy in mind, to ensure that they are enforceable should the need arise.

There are four general types of covenants – non-competition, non-solicitation, non-dealing and non-poaching – care should be taken to choose the most appropriate one(s). We have advised numerous businesses on the implementation of restrictions, making sure that they are relevant and proportionate to seniority of the role. Our advice also considers the standard approach to covenants in your industry, ensuring that they are clearly drafted and that the restrictions are not too wide.

Enforcing restrictive covenants

Our specialist litigation solicitors advise on the credibility of your evidence and whether the covenants in place are likely to be enforceable. If a covenant has been breached, we can advise on the best course of action including seeking an injunction or damages to compensate for lost business. We have specialist lawyers within our team who focus on this area, making sure proceedings are initiated swiftly and effectively.

We often coordinate court ordered searches, if vital confidential information is at risk, to allow the seizure and forensic examination of electronic devices and equipment and prevent further harm being caused. On other occasions we have been able to guide our clients to a swift resolution without the need for court proceedings. We regularly help a range of organisations to successfully resolve restrictive covenant disputes including recruitment companies, energy suppliers, PR and marketing agencies, architects and financial services firms. Our team also acts for individuals, assessing the enforceability of their restrictive covenants and challenging or renegotiating the restrictions.

Recognition of our work

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Hear what our clients say about us

The Chambers and Partners Guide said ‘HCR Law provides a strong commercial and practical approach that provides clients with an excellent level of advice and support’ and ‘The team has superb knowledge of all property aspects.’

Client testimonial Chambers & Partners

Acting for a range of investors, occupiers, developers, and private individuals, HCR Law is well placed to act in disputes surrounding rent reviews, lease break options, and forfeitures, in addition to boundary disputes and right of way issues.

Client testimonial Legal 500

From the very start, I felt I had full confidence in the practice. I was extremely comfortable with how they dealt with everything from the outset and reassured me in all matters. They had a plan of action and dealt concisely with each matter as it arose.

Client testimonial Legal 500

For me, Kate Hallifax, at the Cheltenham office, was professional, approachable and her expertise immeasurable. To have someone on your side is such a relief when you have never dealt with anything like it before, and they confidently deal with everything. The whole team worked well and certainly went above and beyond on several occasions.

Client testimonial Legal 500

Andrew Cave is an experienced property litigator and a safe pair of hands. He applies a lot of common sense and is outcomes focused.

Client testimonial Legal 500

We were impressed with the manner in which both Steven and Ian were quickly able to appreciate and understand the key commercial and family dynamic issues and turn this into a transparent and effective strategy. Throughout the whole process, they presented a professional and firmly assertive approach which resulted in a settlement being achieved in an excellently negotiated manner.

We would have no hesitation, and indeed it is a great pleasure, in recommending HCR to any prospective client, as they provide an increasingly rare commodity – effective litigation combined with integrity, transparency, competitive fees and excellent client communication.

Client testimonial Dispute resolution

I want to thank Ian for all his time, patience & efforts. He has been a delight to deal with, and I would recommend his services to anyone in need of them.

Client testimonial Restrictive Covenants Dispute

Tom Williams is also noted, focusing on disputes over the supply of goods and service as well as the enforcement of restrictive covenants.

Legal 500 2025 Dispute Resolution

HCR Law’s disputes knowledge is diverse, with experience in unfair prejudice, contractual and shareholder disputes.

Legal 500 2025 Dispute Resolution

HCR Law is well versed in the intricacies of technology focused commercial disputes, and has also demonstrated an ability to work across jurisdictions and handle disputes with international elements.

The Legal 500 2025 Dispute Resolution

Tom Williams at HCR Law successfully contested the contract and negotiated an excellent outcome.

Client testimonial Dispute Resolution

Tahlia is acting for us in relation to a £7 million claim. She is guiding us through the litigation process brilliantly and is adept, well-connected and an excellent communicator.

The claim is technically complex, and Tahlia’s immense knowledge and experience makes navigating the difficult landscape of litigation much easier.

She has been great at helping us navigate some significant challenges that have arisen, is organised and keeps a keen eye on costs.

Client Claim in the Technology and Construction court

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