Philip Ahlquist has written a series of articles for Practical Law’s online resources, following his involvement in the Supreme Court’s decision in Harcus Sinclair LLP v Your Lawyers Ltd  UKSC 32. The precedent setting case confirmed that solicitors’ undertakings provided by LLPs or limited companies are not summarily enforceable by the court. Philip acted on the matter with Richard Coleman QC and the original news piece can be found here.
The Supreme Court allowed Your Lawyer’s appeal against a decision of the Court of Appeal that a non-compete clause in a non-disclosure agreement between law firms was unreasonable as a restraint of trade. The decision clarifies the approach to be taken in assessing the legitimate interests of the beneficiary of the restraint. The Supreme Court also examined the enforcement of solicitors’ undertakings given by solicitors practising in incorporated law firms, such as Harcus Sinclair LLP. Following the judgment, Philip produced a detailed piece for Practical Law Property summarising the impact of the decision on solicitors’ undertakings given by law firms (see full piece here).
Philip has also produced content for Practical Law’s new Practice Compliance and Management area, including a practice note considering the legal and regulatory issues which arise when giving a solicitor’s undertaking (see full piece here) and a checklist summarising matters for SRA-authorised law firms and solicitors to consider in relation to solicitors’ undertakings (see full piece here).
Copies of the Practical Law articles are reproduced from Practical Law with the permission of the publishers. For further information visit www.practicallaw.com.