Manus Egan looks at the equitable doctrine of laches, in the context of a pier entertainment dispute
- The doctrine of laches can be a valuable defence against restrictive covenants.
The case of Legends Live v Harrison [2016] EWHC 1938 (QB) concerned an application to enforce a restrictive covenant against a Michael Jackson tribute act in Blackpool. The equitable defence of laches was successfully relied upon, and the meaning of ‘employment business’ considered.
The Legends contract
The claimant company, whose principal business was acting as an employment business, produced a show called Legends at a venue called The Sands in Blackpool. It was a multi-tribute show featuring a number of acts by performers, each appearing in the character of a different famous artist. The defendant was a Michael Jackson tribute performer, who performed under a contract for the summer 2015 season. The contract contained a covenant that the defendant would not compete on any other lookalike or soundalike shows in Blackpool for a period of 12 months from the final date
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