67 Extent of restrictions—enforceabilityRestrictions on competition should be no wider than necessary to protect the buyer’s legitimate business interest. In determining the reasonableness of the restraint, the courts will take account of the nature of the restriction, its duration and the area it covers. The burden of proving that the restriction is in the interest of the parties is on the person who seeks to rely on it1. The wider the restriction and the longer its duration, the more difficult it is to justify. A worldwide restriction is likely to be invalid unless it is possible to show that
Restrictions on competition should be no wider than necessary to protect the buyer’s legitimate business interest. In determining the reasonableness of the restraint, the courts will take account of the nature of the restriction, its duration and the area it covers. The burden of proving that the restriction is in the interest of the parties is on the person who seeks to rely on it1. The wider the restriction and the longer its duration, the more difficult it is to justify. A worldwide restriction is likely to be invalid unless it is possible to show that
**Trials are provided to all LexisPSL and LexisLibrary content, excluding Practice Compliance, Practice Management and Risk and Compliance, subscription packages are tailored to your specific needs. To discuss trialling these LexisPSL services please email customer service via our online form. Free trials are only available to individuals based in the UK. We may terminate this trial at any time or decide not to give a trial, for any reason. Trial includes one question to LexisAsk during the length of the trial.
0330 161 1234