Common Law Doctrine of Restraint of Trade: The fundamental legal principle stating that any restriction on trade must be reasonable, must protect legitimate business interests, and cannot be wider than necessary.
Competition Act 1998: Legislation that ensures restrictions don't violate competition law, prevents anti-competitive agreements, and considers market impact.
Employment Rights Act 1996: Key legislation relevant when the non-compete is part of an employment relationship, addressing employee rights and protections.
Trade Secrets (Enforcement, etc.) Regulations 2018: Regulations protecting confidential information and trade secrets, which influence the scope of restrictions in non-compete agreements.
European Union (Withdrawal) Act 2018: Post-Brexit legislation affecting competition law and retained EU law principles that impact non-compete agreements.
Legal Tests - Geographic Scope: Requirement that any geographic restrictions in the non-compete must be reasonable and justified.
Legal Tests - Duration: Requirement that the time period of the non-compete restrictions must be justifiable and proportionate.
Legal Tests - Activity Scope: Requirement that the scope of restricted activities must be proportionate and clearly defined.
Legal Tests - Business Interest Protection: Requirement that the non-compete must protect legitimate business interests rather than simply prevent competition.
Legal Tests - Economic Liberty: Requirement that the non-compete must not prevent an individual from earning a living in their field.
