Case report: designer covenants in court

When the parties to a share sale agreement end up in court post-completion arguing about restrictive covenants, it is usually because the buyer wants to stop the seller from doing certain things that breach the restrictions and could damage the goodwill of the acquired business. In Millen v Karen Millen Fashions Limited & Anor [2016] EWHC 2104, however, it was the seller who applied to the High Court asking for declarations that certain activities she proposed to undertake would not result in a breach.