R - Restraint of trade
5/5/20
QUANTUM ADVISORY LTD v QUANTUM ACTUARIAL LLP [2020] EWHC 1072 (Comm)
Considers whether a clause in a services agreement restraining the defendant from soliciting the claimant’s clients after termination of the agreement was an unreasonable restraint of trade. The court examined the applicable principles [62] - [86]. On the facts, the doctrine did not apply because the agreement provided the opportunity for the defendant to trade rather than restraining an existing business [92]. In any event, the restraint was reasonable [95]. The court also considered principles to be applied in considering whether an agreement is void for uncertainty [122] and estoppel by convention [129]. On the facts, an introducer’s agreement was not void for uncertainty so sums paid under it were not repayable.