Case Comment: Boydell v NZP Ltd & Anor [2023] EWCA Civ 373

The Court of Appeal recently handed down judgment in the case of Boydell v NZP Ltd & Anor [2023] EWCA Civ 373, in which an employee challenged the High Court's decision to sever parts of a restrictive covenant, and then grant an interim injunction enforcing the amended terms.

The judgment provides an interesting development to the case law on enforcement of post-employment restrictive covenants and will be of interest to employers and employees, whose main area of dispute is not the employee's actions, but rather the covenant's enforceability. The approval of the High Court's decision demonstrates flexibility at the interlocutory stage to ensure a level of protection over employers' interests pending a full trial, avoiding an all-or-nothing approach to the enforceability of restrictive covenants. The judgment also provides insight into what case merits the parties may be required to show in particular circumstances, including the nature, extent and complexity of