- Instructor: Judith Sihombing
Date: 05 July 2023 (Wednesday) Time: 2:30pm – 5:45pm Language: English Level: Intermediate
Speaker: Judith Sihombing, Adjunct Associate Professor, Faculty of Law, Chinese University of Hong Kong
Lawyer CPD / ACCA CPD / SFC CPT / Insurers’ CPD Pts: 3 points Fee: HK$1,790
Highlight:
– Covenants
restrictive /negative
positive effect and enforcement
– Restraints of trade
prime facie, all restraints of trade are void as being against public policy but a clause reasonable between the parties and by reference to the public will be enforced
Nordenfelt v Maxim-Nordenfelt Guns & Ammunition [1894] HL
Bridge v Deacons [1985] PC
– The parties to the restraint
employer and employee
buyer and seller
master and servant
employment v business
– Bridge v Deacons in 2023
the structure of a law firm [see pending changes to solicitors incorporation]
partners – equity or salaried
An undertaking that is not a solicitor’s undertaking but a restraint of trade
Harcus Sinclair LLP v Your Lawyers Ltd [2022] SC
– Is it enforceable?
protection of good will of the firm
legitimate interests to be protected including confidential information” a stable workforce;
client connection; commercial interest:
the restraint is no more than reasonably necessary
– What of anti-assignment clauses?
Peninsula Securities Ltd v Dunnes Stores ( Bangor) Ltd [2021] SC
One Step (Support) Ltd v Morris-Garner & Anor [2019] SC
