Adrian Newey to Ferrari? Is it possible?

The most recent example I can find of Red Bull and senior leavers is Dan Fallows to Aston in 2001/2. Fallows was taken to the High Court by Red Bull and there wasna preliminary hearing regards disclosure.

What came from it was that Red Bull have generally let senior leavers go on a case by case basis by negotiation. That's what happened with Fallows, as his case was settled before going to trial in early 2022 and he joined Aston Martin early. It would only be conjecture but I suspect Aston paid a sum to make it happen. The other reason it might settle before trial is that if it went against Red Bull, I imagine most of their senior people had similar contracts and would've discovered they weren't as restricted as they'd thought. It would make sense for Red Bull to avoid risking the court confirming staff could leave more easily than they thought.

With Newey, the issue is more complex, because he's a 'one-off'. Not just at Red Bull, but in the sport more generally. What he knows not only about the card but the strengths and weaknesses of Red Bull more generally, is invaluable to competitors and potentially very harmful to Red Bull. The difference between 1st, 2nd and 3rd in the Constructors' is 10s of millions of dollars. It's easy to see why money alone wouldn't be enough to release Newey early, if doing so risked your future performance and prize money (bearing in mind also your sponsorship potential is less potent if you no longer have the P1 WDC/WCC).
I'd guess at a sabbatical unless someone can offer enough cash to turn heads or the Thai owners decide Newey has done enough for them over the past couple of decades that he's earned the move.

But a Ltd company can be closed at will you agree do you not?

Love that except it's LeClerc that wins 2 & Lewis gets one so he's the standout.

An excellent example of the legal process, and remember RB will also at other times be on the recruitment end of the situation. RB will never push legals to the extreme, cos what goes around will come around all too soon.

Cases turn on the sensitivity and value of the trade secrets the employee (assuming Newey even is one) holds. May explain Newey's timing to jump now when work will not yet have started on the 2026 car whilst teams wait for regs publication. Any work RB allocate to Newey on 2026 will now be at their own risk. The courts wont generally prevent a skilled worker from working; any restrictions must be reasonably necessary to protect trade secrets and legitimate commercial interests where the burden of proof is on the employer.

Anyway Newey has moved teams before, so will know the pack drill. Unlikely RB will ever be able to force him unwillingly to sit out multiple years.

Oh he’s definitely getting paid, irrespective of the work he’s doing. Red Bull would rather pay him £1m a month, outside the cost cap, to be sitting on his fancy new boat, than working for a competitor.

That's my guess too. He's too valuable to need to accept none compete terms, especially after nearly 20 years at the team and endless contract renewals.

He would never have had that much bargaining power. What's the point of paying anyone tens of millions a year if they can up sticks at any point and share all your IP with your closest rivals? You'd have paid your own money to develop competitors' cars.

In the event we know he doesn't have that contractual freedom because it's been pointed out by RB.

But after so many successful car years he's plainly very valuable and they would continue to employ his services even if he did refuse the compete terms they wanted. What are they doing to do, find a better head of design..?

In order to have a solvent winding up, a director has to confirm all liabilities have been covered, which includes any contractual obligations. If all liabilities have been fully dealt with, no problem, members voluntary liquidation to wind up. If not, then creditors voluntary liquidation rules .. Look it up.