Nicol v Egan [1968] JJ 903 (31 May 1968)
- Citation
- [1968] JJ 903
- Status
- Judgment
- Jurisdiction
- Jersey
- Posture
- Civil / Judgment
More details
- Posture
- Civil / Judgment
On this page
Professional case brief
Research organized from the available case record
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
ApplicantEgan
RespondentAmounts and remedies
- Duration of Original Restraint: 10
03
Procedural history
Posture
Civil / Judgment
04
Questions and positions
Legal issues
- 01
Whether a restraint of competition clause preventing a physiotherapist from practising on the whole Island is reasonable
- 02
Whether a 10-year restraint period is excessive
- 03
Whether the court may grant an injunction for a shorter period than stipulated in the contract
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
Legal principles
- 01
common law
A restraint of trade must be reasonable in the interests of the parties and the public.
- 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
Source and reliance status
Official court record
This page organises the available record for research. Confirm quotations, current status, and subsequent treatment against the official source before relying on the case.
Judgment reading view
Judgment text
The complete available source text.
Court record
Judgment
[ Home ] [ Databases ] [ World Law ] [ Multidatabase Search ] [ Help ] [ Feedback ] [
DONATE ] Jersey Law Reports You are here:
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
Case-aware research
Ask AI about this case
The judgment and available research above are public. New questions open in a separate private conversation grounded in this case.