Labour Law

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Restraint of Trade in Competition

Question:

Can a restraint of trade be enforced if I choose to start my own business in competition to my current employer and due to my knowledge, (that no one else at my current employer has) clients choose to follow me, because of a lack of knowledge within my current employer?

Answer:

They would have a good chance to enforce the restraint as you are purposely going to deal with clients from your previous company. Restraints are costly to enforce and take a long time through the courts so you will have to decide if they would go to that extent. You would have to prove that you did not approach the clients but that they approached you.

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