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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.