
Restraints of trade: What financial services businesses need to get right
Case law highlights the drafting, evidence, and settlement pitfalls that can determine whether valuable client relationships and confidential information remain protected.

Case law highlights the drafting, evidence, and settlement pitfalls that can determine whether valuable client relationships and confidential information remain protected.

Transferring client data to a personal, unauthorised account is sufficient to undermine the trust and integrity required of a representative.

Allowing an appeal to suspend the restraint would render the firm’s contractual protection meaningless, as the restraint period could expire before an appeal is heard.

A recent judgment suggests employers may lose the right to enforce restraints of trade when they terminate staff for misconduct.

The FSP failed to prove the existence of a protectable or that the restraint had been breached.

Two insurance brokers found themselves under the scrutiny of the Labour Court, as they were called to account for soliciting clients from their previous employer.