Common Law Restraint of Trade Doctrine: Fundamental legal principle that restraints of trade are void unless they are reasonable and protect legitimate business interests. This forms the baseline for all non-compete provisions in England and Wales.
Competition Act 1998: Key legislation governing anti-competitive behavior, particularly Chapter I which prohibits anti-competitive agreements. Non-compete clauses must be drafted to ensure compliance with competition law requirements.
Companies Act 2006: Primary legislation governing company operations in the UK, particularly relevant for directors' duties and fiduciary obligations when implementing non-compete restrictions.
Partnership Act 1890: Legislation governing partnership structures, relevant if the operating agreement involves a partnership. Defines partner obligations and duties that may interact with non-compete provisions.
European Union (Withdrawal) Act 2018: Post-Brexit legislation determining the application of retained EU law principles, particularly relevant for competition law aspects of non-compete clauses.
Nordenfelt v Maxim Nordenfelt [1894]: Landmark case law establishing the principle that restraint of trade clauses must be reasonable in scope and necessary to protect legitimate business interests.
TFS Derivatives Ltd v Morgan [2004]: Key case law providing guidance on the enforceability of non-compete clauses in modern business contexts.
Tillman v Egon Zehnder Ltd [2019]: Recent Supreme Court case providing updated guidance on the interpretation and severance of non-compete restrictions in employment contracts, relevant for operating agreements.
