Dooker, you may or may not be in breach of the contract. since you haven't quoted any of the relevant contract only paraphrased you have already placed an interpretation on it.
In my view it is likely there will be a clause which prohibits (or more accurately attempts to prohibit) you providing your services to the client by any means which not not involve the original agency. If you are not in breach of this then the clause in your contract is poorly drafted. [Although I assume you had the common sense to review what you were planning to do against the contract you had signed and felt it wasn't covered by it rather than just chancing it]
However, this clause is a restraint of trade. So the question is whether or not is is enforceable. There are only really two ways of dealing with this.
- The restrainer (agency) negotiates when they become aware there is a possible breach.
Seems to me that you had already expressed dissatisfaction, failed to agree ongoing terms etc. Thus you may well have walked - this does all limit the agencies loss.
- The restrainer sues.
The court will start from the view that the restraint is not enforceable and then decide whether it is (i.e. it is for them to prove it is reasonable not for you to prove it is not). Restraints are only generally valid when there is a legitimate business interest to protect. It seems likely to me that there is. [In general courts don't favour restraints which make it difficult for people to make a living - but they can still uphold them]
So, take advice on this - but it may well cost more than you are prepared to spend (which seems to be nil
)
The letter you have received may well just be sabre rattling, it's a common tactic.
In my view it is likely there will be a clause which prohibits (or more accurately attempts to prohibit) you providing your services to the client by any means which not not involve the original agency. If you are not in breach of this then the clause in your contract is poorly drafted. [Although I assume you had the common sense to review what you were planning to do against the contract you had signed and felt it wasn't covered by it rather than just chancing it]
However, this clause is a restraint of trade. So the question is whether or not is is enforceable. There are only really two ways of dealing with this.
- The restrainer (agency) negotiates when they become aware there is a possible breach.
Seems to me that you had already expressed dissatisfaction, failed to agree ongoing terms etc. Thus you may well have walked - this does all limit the agencies loss.
- The restrainer sues.
The court will start from the view that the restraint is not enforceable and then decide whether it is (i.e. it is for them to prove it is reasonable not for you to prove it is not). Restraints are only generally valid when there is a legitimate business interest to protect. It seems likely to me that there is. [In general courts don't favour restraints which make it difficult for people to make a living - but they can still uphold them]
So, take advice on this - but it may well cost more than you are prepared to spend (which seems to be nil
)The letter you have received may well just be sabre rattling, it's a common tactic.
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