Competition Act 1998: Primary UK legislation governing competition law and anti-competitive practices. Relevant for ensuring non-compete provisions don't violate competition regulations.
Enterprise Act 2002: Legislation that complements the Competition Act and provides additional framework for competition law in the UK.
Article 101 TFEU: Retained EU law post-Brexit that prohibits anti-competitive agreements. Must be considered when drafting restrictions.
Unfair Contract Terms Act 1977: Controls the use of exclusion and limitation clauses in contracts. Ensures terms in non-compete agreements are fair and reasonable.
Consumer Rights Act 2015: Relevant if one party is a consumer, providing additional protections and requirements for contract terms.
Common Law Restraint of Trade Doctrine: Legal principle requiring that restrictions in non-compete agreements must be reasonable in duration, geography, and scope.
Law of Property Act 1925: Fundamental property legislation in England and Wales that may affect how real estate aspects of the agreement are structured.
Land Registration Act 2002: Governs the registration of land and interests in land, relevant if the agreement relates to registered property.
Reasonableness Requirements: Legal principle requiring that restrictions must protect legitimate business interests and be reasonable in terms of duration, geographic scope, and prohibited activities.
Enforceability Principles: Legal requirements including clarity, consideration, and proportionality of restrictions for the agreement to be enforceable.
Public Interest Considerations: Legal principle requiring that the agreement must not be contrary to public policy or create unreasonable restraints on competition.
Remedies Framework: Legal framework for enforcement including injunctive relief and damages calculations in case of breach.
