Nekrews & another v PMAC Scientific Limited [2018] ScotSAC Civ 29

Restrictive covenants extending to wider family members not subject to restraint of trade doctrine

This case deals with restrictive covenants contained in a share purchase agreement. The relevant clause provided that John and Caroline Nekrews should not and should procure that no associate of theirs should compete with the business for a period of three years from the completion date. The definition of associate included spouse, civil partner, relative, spouse or civil partner of a relative, relative of any of the above’s spouse or civil partner.

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