Originally posted by Andy Hallett
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(1) there must be a valid interest which the
party imposing the restraint is trying to protect;
Contracts can be less than 6 months and often less than 12 so to restrict for the entire duration of the next contract doesn't make sense and...
(2) the restraint must be no more extensive
than is reasonable to protect that interest;
In 12 months time the technology used will have moved on as will any prior knowledge on of the client. The interest protected is just getting another contractor onsite so 12 months is very excessive.
Would that mean that putting a 12 month handcuff in a contract is actually shooting yourself in the foot as the whole restraint becomes void.
You mentioned you would argue some of things said about restraint of trade. Was this one of them?


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