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1.RESTRICTIVE COVENANTS - THE LEGAL STARTING POINT

Restrictive covenants are a form of Restraint of Trade, and the default position of the courts in respect of such restraints are that they are unenforceable. 

Nordenfelt v Maxim Nordenfelt Guns and Ammunition Co Ltd 1894 AC 535:

“All interference with individual liberty of action in trading, and all restraints of trade of themselves, if there is nothing more, are contrary to public policy, and therefore void. That is the general rule”

As the starti...

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