(Ju5) (Live Presentation and Webinar) Restrictive Covenants 2023, Land, Restraint of Trade and Others

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


– 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

Curriculum is empty
Judith Sihombing
(LLB (Melb) and LLM (Malaya), Barrister and Solicitor of the Supreme Court of Victoria and of the High Court of Australia) formerly Associate Profession, Faculty of Law University of Hong Kong, then PSL and Training Manager at Simmons & Simmons (HK office).