Company law
Summary :
Table of Contents
- Explanatory note.
- Star Limited.
- Limiting an employee from working within 25 miles of London.
- The business interests recognised by law.
- The problem for Star Limited.
- Exception to the corporate liability principle.
- Conclusion.
Abstract
From Star Limited's perspective, the central issue is whether it can enforce the restraint of trade clause against Ramon notwithstanding the fact that he is using his company Equip Limited to solicit Star Limited's customers. Before considering whether the clause can be enforced against Ramon personally, it will be necessary to firstly determine if the clause itself is valid. With regard to Helga, it will be necessary to consider her rights under the pre-existing agreement with Ramon to sell the property to her, and whether this can be enforced against him personally or alternatively Equip Limited due to the circumstances of the transfer of the property to Equip Limited to prevent sale. I shall address the legal position of each party respectively and conclude with a summary of the legal position.
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