Springboard injunctions: your secret weapon against unfair competition

An employee who wishes to compete with your business can obtain unfair competitive advantage. You may rely on express restrictive covenants to restrain this behaviour. However, what if your covenants are invalid, have expired or do not cover the particular conduct? It is here that a different type of remedy, the so-called “springboard injunction”, can come to your rescue.

A springboard injunction prevents an individual from gaining unfair competitive advantage. Until recently, the prevailing view was that these sorts of injunctions were limited to prevention of misuse of confidential information. This is no longer the case and you may be able to use a springboard injunction to prevent a wide range of competitive conduct, such as poaching of employees or clients, for a considerable period of time…

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