Jersey Judgment

Nicol v Egan [1968] JJ 903 (31 May 1968)

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Source document

01

Holding and result

A restraint of competition covering the whole Island is reasonable for a physiotherapist, and while a 10-year period is excessive, the court may grant an injunction for a shorter reasonable period.

Court disposition

partially allowed

Orders

  • Injunction granted for a period shorter than 10 years as deemed reasonable by the court

02

Material facts

Parties

Nicol

Applicant

Egan

Respondent

Amounts and remedies

  • Duration of Original Restraint: 10

03

Procedural history

  1. Posture

    Civil / Judgment

04

Questions and positions

Legal issues

Party arguments

Applicant
The restraint of competition clause is reasonable in scope and duration and should be enforced as agreed.
Respondent
The restraint is excessive in duration and scope and should not be enforced as stipulated.

05

Court’s reasoning

  1. 01

    common law

    A restraint of trade must be reasonable in the interests of the parties and the public.

  2. 02

    common law

    Courts may modify the duration of a restraint if the stipulated period is excessive but a shorter period is reasonable.

06

Ratio, limits and disposition

Ratio decidendi

A restraint of competition covering the whole Island is reasonable for a physiotherapist, and while a 10-year period is excessive, the court may grant an injunction for a shorter reasonable period.

Court disposition

partially allowed

  • Injunction granted for a period shorter than 10 years as deemed reasonable by the court

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Source document

Court record

Judgment

[1968] JJ 903

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BAILII >> Databases >> Jersey Law Reports >> Nicol v Egan [1968] JJ 903 (31 May 1968) URL: https://www.bailii.org/je/cases/JLR/1968/JLR680903.html Cite as: [1968] JJ 903 [ New search ] [ Help ] Nicol v Egan 1968 J. J. 903 (31 May 1968) Employment-restraint of competition-reasonableness-restraint on physiotherapist's practice covering whole Island reasonable-restraint for 10 years not excessive-may grant injunction for shorter period than stipulated if reasonable to do so The document you wish to view is available to registered users or can be purchased as a PDF. To purchase this document in PDF format or alternatively to Register to purchase membership go to the Jersey Law website via this link: 1968 J. J. 903 BAILII: Copyright Policy | Disclaimers | Privacy Policy | Feedback | Donate to BAILII URL: https://www.bailii.org/je/cases/JLR/1968/JLR680903.html

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