Abstract:
This article compares recent decisions of the English and Singapore Courts on topical issues arising in restrictive covenant litigation, including: the public interest criterion when considering the enforceability of restrictive employment covenants; varying approaches to the doctrine of separate corporate personality in the context of restrictive covenants; the threshold of proving that damages will not be an adequate remedy; the approach to the penalty clause jurisdiction when dealing with employee share schemes; and, finally, resisting costs orders following an interim injunction application to enforce restrictive covenants.