Ask a Scots Law Question, Get an Answer ASAP!
I was aware of the covenant. The letter contained 7 of their customers, but these customers all approached us for work.
We are building a strong defence and we have received a letter from all 7 customers, stating that they approached us for business.
By the way, this happened in Scotland.
The restrictive covenant restricted my business partner from persuading their customers to use our services in competition with them. After I sent out a general letter, informing potential customers of our business terms, an interim interdict was issued as well as a request for £64K to recover supposed losses. This occurred when they managed to obtain a copy of the letter. This is enforced until September this year.
The contract of employment was given to my business partner to sign over 12 years ago, he was never given a copy. He only realised his mistake after they sent him a copy, along with the restrictive covenant.
I sent out the business letter some time after he received the restrictive covenant.
If we proved that the customers approached us for work, what would be the outcome?