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Restrictive covenants in investment agreements: Enforceability issues

Alex Walker
Taylor Wessing

09.08.2024  –  Contributors

This case serves as a critical reminder for private equity, venture capital and other institutional investors: the courts will carefully scrutinise, and potentially invalidate, overly restrictive covenants within investment agreements. The judgment underscores the importance of ensuring such provisions are reasonable in scope and duration, and tailored for the specific employee to whom they apply, to align with legal standards regarding restraint of trade.

Read the original article here. 
In a recent High Court ruling, Literacy Capital Plc v Webb, the court has dismissed an application for an interim injunction aimed at preventing a manager of a private capital-backed business from breaching restrictive covenants.

The injunction was sought by Literacy Capital Plc, an investment company which controls Mountain Healthcare (amongst other investments), against Vanessa Webb, a former director of Mountain Healthcare having built up the business before its sale to Literacy Capital in 2018.

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