Common Law Restraint of Trade Doctrine: Fundamental principle stating that contractual restrictions on trade are void unless they are reasonable in the interests of the parties, reasonable in the public interest, and designed to protect legitimate business interests
Competition Act 1998: Legislation ensuring the agreement doesn't create anti-competitive effects and must comply with Chapter I prohibition on anti-competitive agreements
Employment Rights Act 1996: Key legislation for non-compete clauses in employment relationships, establishing standards for reasonableness in employment contexts
Trade Secrets Regulations 2018: Regulations protecting confidential information and trade secrets, providing justification for certain restrictive covenants
EU Retained Law: Post-Brexit consideration of retained EU law principles affecting competition, including Article 101 TFEU principles as incorporated into UK law
Duration Requirements: Legal principle requiring reasonable and justifiable duration for non-compete clauses, typically maximum of 6-12 months as upheld by courts
Geographic Scope Limitations: Legal requirement that geographic restrictions must be reasonable and limited to areas where there's legitimate business interest
Activity Scope Restrictions: Legal principle requiring specific and not overly broad restrictions on activities, must relate to actual business interests
Consideration Requirement: Legal principle requiring adequate consideration to support the non-compete agreement, particularly crucial for post-employment restrictions
Confidentiality Provisions: Legal requirements for clear definition and reasonable scope of protected confidential information within the agreement
