Short answer
Restrictive covenant injunction enquiries need the contract wording, the role, the alleged conduct, evidence of risk or harm, and any urgent court deadlines. A barrister may advise, draft or represent where suitable, but no outcome or urgent availability can be guaranteed.
Quick checklist
Start with these
Best order
How to organise the first pack
- Start with the contract clauses and dates of employment, resignation or termination.
- Add a short chronology of alleged conduct and why it is said to matter.
- Separate confidentiality, client connection, staff poaching and non-compete points.
- Include correspondence about undertakings, settlement or proposed court action.
Why evidence needs to be specific
Restrictive covenant disputes often involve urgent allegations, but the first review still needs precision. A barrister will usually need to see the exact words of the restriction, the role it applied to, the alleged breach and the evidence connecting the conduct to a legitimate business concern.
For employees and directors, the same documents help a barrister understand the scope of the restriction, the new role, any confidentiality issue and whether solicitor support may be needed.
- Non-compete, non-solicitation, non-dealing and confidentiality wording
- Role, seniority, client contact and access to sensitive information
- Resignation, termination, garden leave and notice arrangements
- Evidence of contact with clients, suppliers or staff
- Any urgent injunction correspondence or court documents
Employer evidence checklist
Employers should avoid relying only on suspicion. The first pack should show the contractual basis, what business interest is being protected, what has happened and what remedy is being considered.
If an injunction is contemplated, include any draft order, undertakings sought, pre-action correspondence and the date by which the court timetable is said to matter.
- Signed contract, handbook and post-termination restrictions
- Client lists, account ownership or relationship records where relevant
- Confidential information policies and access records
- Emails, messages, CRM logs or witness notes supporting the concern
- Loss, risk or disruption evidence explained proportionately
Employee or director response checklist
A person facing a covenant threat should include the contract, new role details, correspondence received and what is disputed. A barrister may need to know whether undertakings have been requested, whether a hearing is listed and whether any documents have already been filed.
Do not assume the restriction is enforceable or unenforceable without advice on the wording, role, facts and current law.
- Contract and termination documents
- New role description, start date and duties
- Correspondence threatening action or requesting undertakings
- Evidence that clients, staff or information were not solicited or used, where relevant
- Any proposed undertakings, hearing date or response deadline
By matter type
Useful papers for common enquiries
Employer enquiry
Focus on contract wording, protected interest, alleged conduct, evidence of risk and proposed injunction or undertakings.
Employee enquiry
Focus on the restriction, new role, correspondence received, response deadline and documents filed or threatened.
Director or shareholder context
Add shareholder agreements, director duties correspondence and any linked commercial dispute papers.
Avoid delays
What not to send first
- Using urgency language without a court date, deadline or evidence of immediate risk.
- Sending allegations without the contract clause and supporting documents.
- Assuming Direct Access is suitable for full litigation management.
Source/review note: restrictive covenant and injunction wording is fact-sensitive and may require urgent specialist review. Check current employment, contract and civil injunction procedure before publication or use in a live matter.
Editorial status: source and legal review required. No completed legal review is claimed.
Restrictive Covenant Injunction Barrister Evidence Guide FAQs
Can a barrister help with an urgent restrictive covenant injunction?
A barrister may advise, draft or represent at a suitable hearing if available and if Direct Access is suitable. Include the hearing date, draft order and correspondence in the enquiry.
What is the most important document?
The signed contract and exact covenant wording are usually essential, alongside the role history and evidence of alleged breach or response.
Can Barristers4U guarantee same-day help?
No. Barristers4U can help you request a quote, but availability, suitability and scope must be assessed by the barrister.
Ask For A Barrister Quote
Barristers4U helps clients request a quote from a suitable Direct Access barrister. The information on this page is general information only, not legal advice about your individual circumstances.
If your matter is urgent, include hearing dates, court deadlines, orders and any documents you already have when you submit your enquiry.
