“Covenants in restraint of trade present, in the words of the editors of Chitty on Contracts, ‘peculiar conceptual difficulty’. It is well known that such covenants may attract the application of the Nordenfelt test – namely, they must be no wider than is reasonable by reference to the interests of the parties concerned and the interests of the public. However, not every covenant in restraint of trade engages that test. Which do and which do not is a question which, as many judges have acknowledged, defies a precise or exhaustive answer …” (more)
[Andrew Butler QC, Tanfield Chambers, 2 March]
First posted 2021-03-04 16:30:30
Leave a Reply