The judgment of the Court of Appeal in Bath Rugby v Greenwood, handed down on 21^st December 2021, gives us clear guidance on the perennial problem of answering the question “can this restrictive covenant be enforced?”.  In many cases, the evidence can be hard to find and the law can be difficult to apply. So this judgment is of great assistance to us and our clients.

Andrew Francis has had a number of matters where his advice has awaited this judgment.  When he works on the 6^th Edn. of his book on restrictive covenants in 2022, the law as now explained will be a main feature in that new edition.

Andrew's SerleShare article is available to download here.