
Contents
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A. Introduction A. Introduction
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B. Employees’ Obligations in English Law B. Employees’ Obligations in English Law
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(1) Duties arising during employment (1) Duties arising during employment
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(2) Disclosure of confidential information and whistleblowing (2) Disclosure of confidential information and whistleblowing
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(3) Post-employment restraint: restrictive covenants (3) Post-employment restraint: restrictive covenants
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Legitimate interests of employers which can be protected by restrictive covenants Legitimate interests of employers which can be protected by restrictive covenants
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The reasonableness of restrictive covenants The reasonableness of restrictive covenants
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Severance and the blue pencil test Severance and the blue pencil test
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C. Private International Law and Claims Against Employees C. Private International Law and Claims Against Employees
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(1) Jurisdiction in claims against employees (1) Jurisdiction in claims against employees
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(2) Choice of law in claims against employees (2) Choice of law in claims against employees
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Restraint of trade a non-excludable or overriding rule of English law Restraint of trade a non-excludable or overriding rule of English law
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Rules on restraint of trade applicable as public policy Rules on restraint of trade applicable as public policy
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D. Remedies and the Availability of Injunctive Relief in International Cases D. Remedies and the Availability of Injunctive Relief in International Cases
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E. Conclusions E. Conclusions
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9 The Cross-Border Enforcement of Claims Against Employees
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Published:April 2022
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Abstract
This chapter explores the cross-border enforcement of claims against employees. It begins by outlining the position in English law. The doctrine of restraint of trade may extend beyond the enforcement of post-termination restrictive covenants to the enforcement of garden leave clauses and also to the partial enforcement of invalid clauses through the doctrine of severance. In relation to jurisdiction, under the Brussels I Regulation recast, claims made against employees are subject to very restrictive rules. These rules are now mirrored in section 15C of the Civil Jurisdiction and Judgments Act 1982. In relation to choice of law, the enforcement of restrictive covenants may raise issues which go beyond normal contractual principles because of the involvement of the restraint of trade doctrine and rules of public policy. The chapter then looks at remedies and the availability of injunctive relief in international cases.
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