My limited company provides my services via a consultancy to a client. The consultancy contractually prevents my company (or any representatives supplied by my company) from supplying services to the client within six months of the end of the contract. The contract between my limited company and the consultancy states that the consultancy is entitled to damages if this restriction is broken. This does not seem unreasonable with regard to typical restraint of trade rules etc.
However, I was wondering whether I could close down my company and start up a new company to work directly for the client. The only thing that worries me is that the contract between my existing company and the client states specifically that any representatives (i.e. myself) are bound by the same restriction. If my services are provided to the client directly by the new company, can the consultancy claim damages from my existing company or even from the new company by virtue of the fact that I personally am working for the client?
