Restrictive Covenants

This event is in the past
Wed, 8th Dec 2021
London (National)
Venue Address:
BMA House
Tavistock Square
Michael Duggan QC
Laura Penny, Mishcon de Reya LLP
Diya Sen Gupta QC, Blackstone Chambers
Robbie Sinclair, Allen & Overy LLP
Event Type:
09:30 - 16:30
CPD hours:
Morning: 2.75; Afternoon: 2.25
Fully Booked
Restrictive Covenants
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  • Whole Day - including networking lunch: £250 + VAT
  • Morning Course - Junior level: £150 + VAT
  • Afternoon Course - 5yrs PQE +: £150 + VAT
  • Networking Lunch: Free
  • Live Stream Only - Whole Day: £250 + VAT
  • Live Stream Only - Morning Course - Junior Level: £150 +VAT
  • Live Stream Only - Afternoon Course - 5 Yrs PQE +: £150 +VAT


We also offer the following discounts on the full fee:

  • There is a 50% discount for the voluntary sector
  • There is a 50% discount for pupil barristers and barristers under 2 years call
  • There is a 30% discount out of region discount
  • Please note only one discount will be applied per booking.

This course on Restrictive Covenants is split into two parts, the morning is aimed at junior lawyers under 5 years PQE and those with little experience of Restrictive Covenants, the afternoon is aimed at more experienced practitioners. You can book to attend the morning, the afternoon or the whole course. All attendees are welcome to join us for a networking lunch, please book for lunch if you would like to attend. 

9.30am to 10am: Registration & Tea/Coffee

10am to 1pm: Restrictive Covenants for Junior Lawyers
Michael Duggan QC & Laura Penny, Mishcon de Reya LLP

This session will cover the various types of covenant available, the key principles of drafting restrictive covenants and the reasons why some covenants will succeed and others fail. This will include a review of recent case law and a comprehensive overview, and interactive session looking at a draft covenant. The session will address:  

  • Starting with a blank sheet – bespoke covenants.
  • Drafting an effective covenant.
  • A protectable interest.
  • Construction Principles/ Functional Correspondence and the Reasonableness Test.
  • The preamble and definitions including  promotions, variations and clients.
  • The levels of covenants from non-compete downwards.
  • Non-compete.
  • Solicit and non-deal- backward and forward looking.
  • Area – covenants – are they worth the paper they are written on?
  • Confidential information – definitions and problems.
  • The interaction with garden leave and covenants, Sunrise Brokers.
  • The interaction with fiduciary duties.
  • Shopping yourself and others.
  • The departing employee; rights,  protections and restrictions.
  • Litigation.

There will be a 15 minute refreshment break at 11.30am.

1pm to 2pm: Networking Lunch & Afternoon Registration

2pm to 4.30pm: Restrictive Covenants for Experienced Lawyers
Diya Sen Gupta QC, Blackstone Chambers & Robbie Sinclair, Allen & Overy LLP

Restrictive covenants is one of those rare areas of employment law where barristers and solicitors can be pursuing an application for an injunction to enforce restrictive covenants one week and responding to such an application the next.

This afternoon’s session is designed for those with 5 years PQE or who have experience of restrictive covenants. Case law and other developments as well as market trends will be analysed before looking at a number of tricky issues from design through to enforcement. This will include the drafting of restrictions where an individual is servicing global clients, and whether it is possible to have open-ended restrictions, which are only tailored at the point of termination.

There will be a 15 minute refreshment break at 3.15pm.

4.30pm: Event Close