Restrictive Covenants and the Need to Prove Harm

In a Scottish case the Court of Sessions has confirmed that even
if an employer can show that a restrictive covenant is reasonable
(for example, an obligation not to disclose confidential information
or not to entice or solicit away any employee or customer or client
of the company) the employer must still show that it has suffered
harm if the restrictive covenant is breached.

The salesman employee had moved to a company that had manufactured
equipment which he had sold on behalf of his empl... (85 more words)

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