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

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.

Citation: [1968] JJ 903
Parties: Applicant: Nicol; Respondent: Egan
Jurisdiction: Jersey
Judgment Date: 31 May 1968
Procedural Posture: Civil / Judgment
Outcome: partially allowed
Legal Topics: Restraint of Trade, Non Compete Clauses, Injunctions

Employment Law Contract Law Restraint of Trade Non Compete Clauses Injunctions

Case Brief

Summary, issues, holding and outcome

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Parties

Nicol

Applicant

Egan

Respondent

Procedural Posture

Civil / Judgment

Legal Issues

1 Whether a restraint of competition clause preventing a physiotherapist from practising on the whole Island is reasonable
2 Whether a 10-year restraint period is excessive
3 Whether the court may grant an injunction for a shorter period than stipulated in the contract

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

Orders

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