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Helena Derbyshire

Jun 23, 2026

3:43
How enforceable is all of this?
3:45
Good question, Rob, because of course the seller's entitled to protect the value in the business they've just paid for, but there are quite a few parameters around enforceability of restrictive covenants and that's not guaranteed.
3:59
The main reason for that is that the starting points that the courts in the UK have is that a covenant of this nature is in restraint of trade, and that's against public policy.
4:10
So in order to be able to enforce a restriction, the party that wants the protection really needs to be able to demonstrate that it goes no further than is absolutely necessary to protect a legitimate business interest.
4:22
In the context of a business sale, that would be protecting the goodwill in the business.
4:29
When you're looking at the enforceability of covenants, there are a number of things that the courts will take into account.
4:35
But I guess the key things are the context.

10 MINS LATER

14:54
Helena, are there any changes on the horizon in this field?

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