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Restrictive covenant solicitors in Staffordshire and the West Midlands

 

Protect your business when people leave, or push back when a covenant goes too far.

Speak to our dispute resolution team

Early advice usually means a quicker, cheaper outcome. Tell us what has happened and we will set out your options.

Enforce or challenge a restrictive covenant

When a key employee leaves, restrictive covenants are often what stands between your business and that person taking clients, staff or confidential information with them.  

 

On the other side, an employee or new employer can find themselves facing covenants that look like they go further than the law allows. Either way, the position needs assessing quickly and clearly.

We act for employers, employees and businesses across Lichfield, Cannock, Sutton Coldfield, Dudley and the wider West Midlands.

We advise on whether a covenant is enforceable, what can be done to protect a business, and how to respond when a covenant is being used against you.

What our restrictive covenant solicitors can help with

Whether you are protecting your business or challenging a covenant, we help you act fast.

Non-compete clauses

Non-solicitation of clients and customers

Non-dealing clauses

Non-poaching of staff

Confidentiality and protection of trade secrets

Enforcing covenants against a departing employee

Defending against covenants you are accused of breaching

Springboard injunctions

Covenants in business sale and shareholder agreements

Drafting and reviewing covenants

Urgent injunctions and undertakings

Negotiated resolutions

Make a confidential enquiry

Tell us what has happened and we will put you in touch with the right person. 

How a dispute is resolved

 

Most disputes settle long before a courtroom. The courts actually expect both sides to try to resolve things first, so a structured, commercial approach is usually the fastest way to a result.

1

Early advice

We review the position, the evidence and your goals, then set out your options and the likely cost.

2

Letter before action

We set out your claim clearly to the other side, which often opens the door to settlement.

3

Negotiation

We try to agree a sensible outcome without proceedings, protecting your position throughout.

4

Mediation and ADR

Where it helps, a structured settlement process can resolve matters faster and at lower cost.

5

Issuing a claim

If settlement is not possible, we issue court proceedings and manage the case for you.

6

Resolution

The dispute ends in a negotiated settlement or, where it goes the distance, a court judgment.

How restrictive covenants work

A restrictive covenant is a clause that limits what someone can do after they leave, for example competing with the business, approaching its clients, or poaching its staff. As a starting point, the courts treat these clauses as unenforceable restraints of trade, unless the business can show the covenant protects a legitimate business interest and goes no further than is reasonably necessary to do so.

That makes enforceability very fact-specific. A covenant that is too wide in what it stops, how long it lasts or where it applies risks being struck down, while a carefully drafted one protecting genuine interests is far more likely to hold. Speed also matters, because the most effective remedy is often an urgent injunction, and delay can undermine it.

For employees and new employers facing covenants, the same principles cut the other way. A covenant that overreaches may be challengeable, and a clear-headed early assessment can avoid an unnecessary fight.

Key things you should know

  • Restrictive covenants start from a position of being unenforceable, unless the business shows they protect a legitimate interest and go no further than reasonably necessary.

  • Enforceability turns on the detail, including how wide, how long and how far-reaching the covenant is.
    The most effective remedy is often an urgent injunction, so acting within days rather than weeks can be decisive.

  • Covenants in a business sale are usually given more latitude by the courts than those in an employment contract.

  • Confidential information and trade secrets can be protected separately, even alongside covenant issues.

  • Well-drafted covenants at the outset are far easier to enforce than ones added as an afterthought.

Why getting the right advice matters, and why Ansons

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Commercial advice

We keep one eye on the outcome and the other on the cost, so the strategy always makes business sense.

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We aim to settle

Court is a tool, not the default. We push for the sensible outcome wherever we can.

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Experienced disputes team

A team that handles commercial disputes day in, day out.

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Plain English

Clear advice without the legal jargon, so you always know where you stand.

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Costs explained clearly

You will understand the likely cost and the options before you commit to anything.

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Local offices

Offices in Lichfield, Cannock, Sutton Coldfield and Dudley, with clients across the West Midlands.

Ready to talk to a dispute resolution solicitor?

Tell us about your dispute and we will explain your options before you commit to anything

Frequently asked questions

Are restrictive covenants actually enforceable?

They can be, but they are not automatically. A court starts from the view that they are an unenforceable restraint of trade, and the business has to show the covenant protects a legitimate interest and goes no further than reasonably necessary. It is very fact-specific.

An employee has left and is approaching our clients. What can we do?

If they are bound by a valid non-solicitation or non-dealing covenant, you may be able to enforce it, potentially through an urgent injunction. Speed is important here, so it is worth taking advice straight away.

I have been told I am breaching my old employer's covenants. What now?

Do not ignore it, but do not assume the covenant is valid either. Many covenants are drafted too widely to be enforceable. We can assess your position and help you respond before it escalates.

Your Dispute Resolution Team

Our Dispute Resolution team helps individuals and businesses deal with conflict quickly, proportionately and with as little stress as possible. From contract and property disputes to inheritance claims, neighbour issues and workplace disagreements, they focus on practical solutions, explaining your options clearly, weighing up risk and cost, and working towards the outcome that best protects your interests, whether through negotiation, mediation or the courts.

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Serving clients across Staffordshire and the West Midlands

 

Ansons has offices in Lichfield, Cannock, Sutton Coldfield and Dudley, supporting clients across the wider region including Tamworth, Burntwood, Rugeley, Walsall, Birmingham and beyond.

St Mary's Chambers, 5-7 Breadmarket Street, Lichfield, Staffordshire, WS13 6LQ

T: 01543 263 456
E: info@ansons.law

Commerce House, Ridings Park, Eastern Way, Cannock, Staffordshire, WS11 7FJ

T: 01543 466 660
E: info@ansons.law

316-318 Lichfield Road, Sutton Coldfield, West Midlands, B74 2UG

T: 0121 716 3716
E: info@ansons.law

Unit 10, Castle Court 2, Castlegate Way, Dudley, DY1 4RH

T: 0121 550 0010
E: info@ansons.law