"Restrictive Covenants Could Be A Thing Of The Past" with Luke Moore and David Nezri [CPD Available]
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UK Dentists: Collect your verifiable CPD for this episode here >>> https://courses.dentistswhoinvest.com/smart-money-members-club
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Rumblings about UK reforms to restrictive covenants are getting louder, and the stakes for dentistry are real. We dive straight into how non‑competes work today, where courts draw the line on “reasonableness,” and why a simple radius and duration no longer capture how patients choose their dentist. With expert legal and brokerage insight, we unpack what could happen if the UK edges toward a California‑style model that voids employee non‑competes but leaves non‑solicit and confidentiality on the table.
We explore the messy frontier where law meets real‑world behaviour: proving solicitation in an era where patients follow clinicians on Instagram, not clinic websites. A billboard aimed at former patients looks like a breach; a quiet bio update probably does not. That nuance matters for associates planning moves and for principals trying to protect goodwill. We map out what is enforceable now, why “or” clauses (non‑compete or non‑solicit) are treated separately, and how injunctions and loss drive remedies rather than flat “fines.”
Then we turn to valuations and risk. If non‑competes weaken, concentrated revenue becomes a liability. Buyers will price in the chance that a high‑grossing associate can walk down the street, while sellers will need to prove income resilience. We share practical strategies: spread production across more clinicians, invest in practice‑level brand and patient experience, tighten confidentiality and data controls, and ensure every associate has a clear, reasonable agreement. For principals exiting, paid non‑competes tied to consideration typically hold more weight than employment‑style restraints and can still secure value if drafted well.
Nothing is final yet, but waiting is not a strategy. Audit your contracts, reduce key‑person dependence, and build systems that make patients loyal to your practice, not just one provider. If the law shifts, you will be ready. If it does not, you will still own a stronger, more resilient business.
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