- The Supreme Court revisits the restraint of trade doctrine and examines solicitors’ undertaking in Harcus Sinclair v Your Lawyers
- What was the background
- What did the court decide?
- Case details
Commercial analysis: The Supreme Court has handed down judgment in Harcus Sinclair LLP v Your Lawyers Ltd, the third time in three years that it has considered the restraint of trade doctrine (see Egon Zehnder v Tillman and Peninsula Securities v Dunnes Stores). It has allowed Your Lawyers’ appeal against a decision of the Court of Appeal that a non-compete clause in an non-disclosure agreement (NDA) between law firms was unreasonable as a restraint of trade. The decision clarifies the approach to be taken in assessing the legitimate interests of the beneficiary of the restraint. The Supreme Court also examined the enforcement of solicitors’ undertakings given by solicitors practising in incorporated law firms such as Harcus Sinclair LLP. Richard Coleman QC and Philip Ahlquist of Fountain Court Chambers examine the decision.
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