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18 October 2018 / David Fisher
Issue: 7813 / Categories: Features , Profession
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When a good lawyer jumps ship (Pt 2)

For optimum protection, firms need to ensure that restrictive covenants contain the right contractual terms & that the proper steps are taken to enforce them, as David Fisher explains

  • Whatever type of restrictive covenants partners are subject to, it is important that firms keep the restrictions under review and update them to account for changes in their business and developments in the law.

Some partnerships and LLPs choose not to impose post-termination restrictive covenants on their partners or members. This might be for cultural reasons, or (especially in small or new firms) because no partner or member wants to be prevented from competing with the firm or acting for their clients for a period of time if they happen to be the one who decides to leave. However, the majority of firms want the protection that good restrictive covenants can give to their business, and this means having the right contractual terms in the first place and taking proper steps to enforce them. Part one of this series covered the general

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MOVERS & SHAKERS

Sidley—James Inness

Sidley—James Inness

Partner joins capital markets team in London office

Haynes Boone—William Cecil

Haynes Boone—William Cecil

Firm announces appointment of partner as UK general counsel

Devonshires—Nicholas Barrows

Devonshires—Nicholas Barrows

Firm appoints first chief marketing officer to drive growth strategy

NEWS

The Court of Appeal has slammed the brakes on claimants trying to swap defendants after limitation has expired. In Adcamp LLP v Office Properties and BDB Pitmans v Lee [2026] EWCA Civ 50, it overturned High Court rulings that had allowed substitutions under s 35(6)(b) of the Limitation Act 1980, reports Sarah Crowther of DAC Beachcroft in this week's NLJ

A seemingly dry procedural update may prove potent. In his latest 'Civil way' column for NLJ this week, Stephen Gold explains that new CPR 31.12A—part of the 193rd update—fills a ‘lacuna’ exposed in McLaren Indy v Alpa Racing
The long-running Mazur saga edged towards its finale as the Court of Appeal heard arguments on whether non-solicitors can ‘conduct litigation’. Writing in NLJ this week, Professor Dominic Regan of City Law School reports from a packed courtroom where 16 wigs watched Nick Bacon KC argue that Mr Justice Sheldon had failed to distinguish between ‘tasks and responsibilities’
Cheating in driving tests is surging—and courts are responding firmly. Writing in NLJ this week, Neil Parpworth of De Montfort Law School charts a rise in impersonation and tech-assisted fraud, with 2,844 attempts recorded in a year
As AI-generated ‘deepfake’ images proliferate, the law may already have the tools to respond. In NLJ this week, Jon Belcher of Excello Law argues that such images amount to personal data processing under UK GDPR
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