Restraint of Trade

In employment contracts, the concept of restraint of trade plays a pivotal role in shaping the boundaries of professional engagements. Featherstone & Associates offers specialised legal guidance in understanding, negotiating, and navigating the intricacies of restraint of trade clauses to ensure that businesses and individuals can operate within legal parameters while safeguarding their interests.

What is Restraint of Trade?

Restraint of trade refers to contractual clauses or agreements that restrict individuals or businesses from engaging in certain activities or professions after the termination of a contract. These clauses are designed to protect legitimate business interests, such as confidential information, trade secrets, and client relationships.

It is important to note that a restraint of trade clause may not be enforceable; these clauses are considered prima facie invalid, although a court may enforce the clause if it provides no more than reasonable protection to the party in whose favour it is imposed and is not injurious to the public. Therefore, it is essential that any such clause in a contract is drafted meticulously and with an understanding of what the courts consider an acceptable restraint of trade, in case a dispute arises.

Our Approach

Restraint of Trade Clauses

Featherstone & Associates assists clients in comprehending the implications of restraint of trade clauses within contracts and drafting of the same. Whether you are an employer seeking to safeguard proprietary information or an individual exploring the boundaries of professional freedom, our legal expertise ensures that you fully understand the terms and potential impact of such clauses.

Enforceability and Reasonableness

The enforceability of restraint of trade clauses hinges on their reasonableness in scope, duration, and geographical limitations. Featherstone & Associates provides strategic advice on drafting or contesting these clauses, emphasising fairness and proportionality to maximise enforceability while safeguarding the rights of all parties involved.

Dispute Resolution

In cases where disputes arise over Restraint of Trade clauses, Featherstone & Associates offers effective dispute resolution services. Our legal experts work diligently to find amicable solutions or, when necessary, provide strong representation in legal proceedings to protect the interests of our clients.

For employers seeking to enforce restraint of trade clauses against former employees, or those defending the same, Featherstone & Associates provides robust legal representation. We understand the importance of protecting your business assets, proprietary information, professional freedom and legal interests, and we diligently to ensure that the enforcement process is conducted effectively and within the bounds of the law.

Why Choose Featherstone & Associates for Competition & Consumer Law Matters?

  • Comprehensive Legal Support: Featherstone & Associates offers comprehensive legal support for businesses navigating the intricate landscape of Competition and Consumer Law. Whether you are a startup dealing with initial legal requirements or an established business seeking strategic advice, our team is here to be your trusted legal partner.
  • Entrepreneurial Insight: With firsthand experience in launching businesses across various sectors, our team understands the entrepreneurial journey. This insight goes beyond traditional legal counsel, allowing us to provide practical solutions and strategic guidance tailored to the specific challenges of your business.
  • Results-Driven Approach: Our commitment to achieving the best outcomes for clients is reflected in our results-driven advocacy. We guide businesses through the complexities of Competition and Consumer Law, minimising potential consequences and working towards favourable resolutions.
  • Client-Centric Focus: Recognising the stress associated with legal matters, our client-centric approach ensures that individuals and businesses receive personalised support tailored to their unique needs. We prioritise transparent communication, keeping clients well-informed throughout the legal process.
  • Educational Support: Featherstone & Associates is passionate about knowledge-sharing. We believe in educating our clients about their legal rights and obligations. This commitment to education extends to our client interactions and our willingness to assist other legal professionals in understanding complex scientific concepts.
  • Specialist Knowledge: Our specialised knowledge, including the expertise of Roisin Featherstone in health sciences and law, positions Featherstone & Associates as a strategic ally in the competitive landscape. This unique combination allows us to offer insights that span across diverse industries.

A Partner for the Journey

Our relationship with you isn't transactional; it's a long-term partnership. We are here to be your trusted advisor. In the space of competition and consumer law, where navigating fair practices and market compliance is vital for business owners, we are dedicated to helping you foster a business environment where fair competition and consumer protection thrive.

Our relationship with your business or startup is more than just legal counsel – it's a collaborative journey. As your business or practice evolves and faces new challenges, particularly with increasing regulatory demands, we stand ready to adapt our legal experience to ensure your ongoing success.

Complete our Enquiry Form or email us at contact@featherstone.law today to arrange a free, no obligation discussion about your matter.