Client success story: Enforcing a restrictive covenant
Posted on 11th November 2022 at 15:54
Our client was a veterinary practice, whose former employee (a veterinary surgeon) had begun working less than half a mile from one of our client’s practices. This was in breach of an agreement in his employment contract, which restricted him from practicing in competition within a defined geographical area for twelve months.
There was a significant risk that patients who had been treated by the ex-employee would take their business to his new practice. This is a particular problem in the veterinary industry, where pet owners build a relationship of trust with their vets. Our client was keen to move quickly, as damage can be sustained in a very short amount of time in cases like these.
Ian assessed the situation, analysed the contract between the parties, and wrote to the former employee encouraging him to honour the agreement. However, he refused comply with the promises he had given. On behalf of the client, Ian then issued legal proceedings and applied for an injunction to compel the former employee to abide by his contract. As part of Ian’s work he assessed the strengths and weaknesses of the client’s claim. He was then able to guide the client on the likelihood of success and make this clear to the former employee.
Thankfully, the possibility of litigation and the strength of our client's case persuaded the former employee to carry out his contractual obligations and stop working in the restricted geographical area. He also paid our client’s legal costs incurred in resolving the dispute.
This meant our client’s practice and patient-base was protected. They avoided a lengthy dispute and were not left out of pocket, as the former employee paid their costs.
Our client was very pleased with the outcome and the speed of our work. The client gave very positive feedback and has since referred other work to us.
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