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Legitimate interests in a non-compete restriction
15-November-2021
15-November-2021 17:25
in General
by Admin
In Harcus Sinclair LLP and another v Your Lawyers Ltd [2021] UKSC 32, the Supreme Court overturned the Court of Appeal and reinstated the trial judge’s decision that a non-compete restriction in a non-disclosure agreement between two law firms was not an unenforceable restraint of trade. When determining whether a party has legitimate interests to protect, account can be taken of the parties’ non-contractual intentions or what they contemplated when entering into the restriction.