One step closer to the end of Wrotham Park damages in employee competition cases

Claimants have seen Wrotham Park awards as a valuable remedy where there is difficulty showing loss, but the award of 'negotiating damages' has been the subject of considerable debate. Following the Supreme Court's decision in Morris-Garner v One Step (Support) Ltd, the circumstances in which negotiating damages will be available for breach of restrictive covenants appear to be very limited.    

Doyle Clayton's Katie Mahoney and Blackstone Chambers' Diya Sen Gupta  consider the implications of the Supreme Court decision.  Their article, available here, was originally published in the ELA Briefing and has been shared with their permission.