Supreme Court judgment on restraint of trade and solicitors’ undertakings

July 23, 2021

The Supreme Court has handed down judgment in Harcus Sinclair LLP v. Your Lawyers Ltd providing clarity in two areas of the law.  The first concerns restraint of trade, specifically whether a covenantee can claim to be protecting “legitimate interests” which are not specified in the contract.  The second issue concerns solicitors’ undertakings, specifically whether an agreement between two law firms in relation to a business opportunity counts as a solicitor’s undertaking, and also whether the court’s supervisory jurisdiction extends to law firms or only to individual solicitors.  Jonathan Crow QC represented the Respondent firm.  Click here for a copy of the judgment.