Millen v Karen Millen Fashions Ltd & Anor [2016] EWHC 2104

In Millen v Karen Millen Fashions Ltd & Anor [2016] EWHC 2104, the High Court considered, amongst other things, the effect of restrictive covenants given by vendors in a sale of shares. In doing so, it ruled that Ms Millen (who sold the shares) was not entitled to a number of declarations sought to the effect that a range of activities, including the use of her first name in any line of business and “Karen Millen” in relation to homewares, would not breach restrictive covenants she gave in a 2004 share purchase agreement. The second defendant was also entitled to enforce the restrictive covenants in the agreement as an identified third party under the relevant clause, when taken together with a third party rights clause.

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