Restrictive Covenant in Bespoke Tailoring Found Unenforceable – Stefan Brochwicz-Lewinski succeeds for the Defendant

Tom James UK Ltd v Max Potter [2025] EWHC 2873 (KB)
High Court, King’s Bench Division – Judgment of Mr Justice Ritchie, 4 November 2025
View the full judgment on BAILII

The High Court has dismissed a claim brought by Tom James UK Ltd, a leading bespoke tailoring company, against its former employee Max Potter, concerning the enforcement of a 12-month non-competition clause.

The company alleged that Mr Potter, a London-based salesperson, had breached his contractual duties of good faith, fidelity and confidentiality, and sought to prevent him from working in competition. Represented by Stefan Brochwicz-Lewinski, instructed by John Hayes of Constantine Law, the Defendant denied any breach and challenged the restrictive covenant’s validity.

Following a five-day trial, Mr Justice Ritchie held that the clause – which applied globally and identically to all staff regardless of seniority – went further than was reasonably necessary to protect the company’s legitimate business interests. The Court found the clause unenforceable and dismissed the claim in full, confirming that Mr Potter had not breached his contractual or fiduciary duties.

In delivering judgment, the Court emphasised that post-termination restraints must be proportionate and tailored to the individual’s role and access to information, rejecting the notion that difficulty in policing narrower clauses justified this blanket prohibition on competition.

Stefan Brochwicz-Lewinski, Head of the Employment Group at Nine Chambers, appeared for the Defendant. His cross-examination and submissions were central to the Court’s finding that the “one-size-fits-all” restriction was unreasonable in both scope and duration. The decision provides clear guidance for employers and practitioners on the limits of enforceability of non-compete clauses in sales-based and client-relationship businesses.

This tailor’s one-size-fits-all clause just wasn’t a good fit!