20 September 2018

Allen & Gledhill Partner Tay Yong Seng and Senior Associate Ang Ann Liang contributed this article to the SAL Practitioner, published by the Singapore Academy of Law.

First awarded by the English High Court in Wrotham Park Estate Co Ltd v Parkside Homes Ltd [1974] 1 WLR 798, Wrotham Park damages are damages for breach of a restrictive covenant. They are measured not by reference to the claimant’s pecuniary loss, but by the sum of money which the claimant could have demanded from the defendant for relaxing the covenant.

This article analyses developments in Singapore and England in relation to Wrotham Park damages and then argues that unlike England (which recently excluded Wrotham Park damages for breaches of non-compete agreements), there should be no similar exclusion in Singapore. Finally, it deals with practical issues on the quantification of Wrotham Park damages.

To read the article, please click here.