It is little surprise that one of the most common disputes between an LLP and its members is in relation to post-termination restrictive covenants. These are seen as crucial in protecting, for example, the LLP’s confidential information, client and trade connections, workforce stability and goodwill.

Naturally, these covenants really come into sharp focus when an LLP member seeks to exit to join a competing firm, and this is when attention quickly turns to the drafting and enforceability of restrictions.