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Vol 21 No 11 Nov/Dec 2016

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Criminal Injuries Compensation Claims

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This book is now Out of Print.
A new edition has been published, the details can be seen here:
Employee Competition: Covenants, Confidentiality, and Garden Leave 3rd ed isbn 9780199685752

Employee Competition: Covenants, Confidentiality, and Garden Leave 2nd ed

Edited by: Paul Goulding

ISBN13: 9780199587698
New Edition ISBN: 9780199685752
Previous Edition ISBN: 9780199208623
Published: February 2011
Publisher: Oxford University Press
Country of Publication: UK
Format: Hardback
Price: Out of print



Employee Competition: Covenants, Confidentiality, and Garden Leave is a comprehensive and practical text for solicitors, barristers and in-house lawyers practising in employment law, and human resource professionals.

It provides detailed analysis of the full range of issues that are encountered in contentious and non-contentious work concerning all forms of competition by employees, directors, partners, LLP members, and others.

Written by a team of leading practitioners from Blackstone Chambers and Olswang, the book combines an authoritative account of the substantive law with an overview of the relevant procedural issues. Topics covered include good faith and related duties, fiduciary duties, confidential information, garden leave, and restrictive covenants. Comprehensive coverage of available remedies (including injunctions, damages, and account of profits) ensures that the book is of real, practical value to practitioners.

This new edition has been substantially revised to take into account a wealth of case-law that has emerged since the previous edition was published. A notable development is in the area of economic torts and the liabilities of third parties, in light of the House of Lords' decision in Mainstream Properties v Young. This involved a fundamental review of the nature of economic torts and the role of intention in relation to third party liability. The section on team moves has been substantially revised to take account of recent case law including Tullett Prebon v BGC.

There is also a new chapter on the international dimension, reflecting the increasing importance of this issue, which includes examination of common law jurisdictional rules, European measures (such as the Judgments Regulation and Rome I Regulation), and important recent cases such as Samengo-Turner v Marsh and Duarte v Black & Decker.

Containing checklists, material on drafting, and sample clauses at the end of chapters, as well as appendices identifying key decisions in the field, the work provides a practical and user-friendly guide to employment covenants.

Subjects:
Employment Law
Contents:
1: Introduction
2: Duties
3: Confidential Information and the Database Right
4: Garden Leave
5: Restrictive Covenants
6: Vendor-Purchaser Agreements, and Other Commercial Agreements
7: The International Dimension
8: Competition, Sport, Human Rights, and Intellectual Property Law
9: Pre-Action Steps
10: Injunctions
11: Damages and Other Remedies
12: Practice and Procedure
Appendices
Appendix 1: Computer Forensic Investigations
Appendix 2: Sample Employee Duties Clauses
Appendix 3: Sample Confidential Information Clauses
Appendix 4: Sample Garden Leave Clauses
Appendix 5: Sample Particulars of Claim and Interim Injunction in Garden Leave Case
Appendix 6: Drafting Restrictive Covenants: A Note
Appendix 7: Sample Restrictive Covenants (Employment)
Appendix 8: Sample Restrictive Covenants (Share and Business Sale and Partnership)
Appendix 9: Sample Pre-Action Letters
Appendix 10: Sample Witness Statement in Support of Application for Interim Injunction to Restrain Breach of Restrictive Covenant
Appendix 11: Sample Prayer for Relief for Inclusion in Particulars of Claim
Appendix 12: Summaries of Cases on Restrictive Covenants;