Restraint of Trade Doctrine: Common law principle that determines the enforceability of restrictive covenants, requiring them to be reasonable and necessary to protect legitimate business interests
Competition Act 1998: Primary UK legislation governing competition law, which may impact the scope and enforceability of non-compete restrictions
Enterprise Act 2002: Legislation that strengthens UK competition law and may affect the validity of certain restrictive covenants
Article 101 TFEU: Retained EU law post-Brexit that prohibits anti-competitive agreements, which must be considered when drafting non-compete clauses
Employment Rights Act 1996: Key legislation for distinguishing between employment and consultancy status, crucial for determining the appropriate scope of restrictions
IR35 Legislation: Tax legislation that determines contractor status and may influence how the consulting relationship is structured
Contracts (Rights of Third Parties) Act 1999: Legislation governing how third parties may enforce contractual terms, relevant for extending non-compete protection to related entities
Unfair Contract Terms Act 1977: Legislation that may limit the enforceability of unreasonable or unfair contract terms in non-compete agreements
Misrepresentation Act 1967: Relevant for ensuring truthful representations in the agreement and remedies for false statements
Trade Secrets (Enforcement, etc.) Regulations 2018: Legislation protecting trade secrets, which often forms part of the legitimate business interest justifying non-compete restrictions
