Contract - is it legally binding?

maggiesoop

I signed a contract with a German based company in 2008. I only work a few months a year with them on a self employed basis.

I now wish to move to a different UK based company doing the same work but the contract I signed in 2008 states:

".... agrees not to be active in the xxxxx field for two years after ceasing her activities with us"

I know they will be flaming mad if I use the contacts I've built up in my area and will probably try to enforce some sort of legal action but a friend says the contract isn't worth the paper it's written on.

Should I seek legal advice ? I'm worried about the fees solicitors charge) or should I approach Citizens Advice Bureau?

Any solicitors out there?
Help!

McKneff

Most solicitors will give you a half hour free consultation.

Why does your friend think its not worth the paper its written. On the face of it a signed contract is binding, especially in a specialist field.

PlutoinCapricorn

I would take a restrictive covenant such as this very seriously. A contract is a contract and should be respected. However, 6 months is the norm in the UK I think.

The question is, are they likely to take legal action? If so, 2 years might be seen as unreasonable. You really do need expert advice.

ARM10

Enforceability may depend on the governing jurisdiction.

Uncertain

These type of restrictive clauses are a complex area. In the UK at least they have to be reasonable and proportionate. More restrictive than this and they are not enforceable.

However, whilst a specialist lawyer would be useful he cannot give you a definitive answer as to how a court may rule in a borderline situation. Also, and very important, a large company MAY feel it is worth throwing considerable resources at a claim if only to try and deter others due to the costs involved in defending.

PlutoinCapricorn

Here is a thread started by someone in a similar position:


https://forums.moneysavingexpert.com/discussion/comment/35980589#Comment_35980589