When considering whether a clause in a partnership agreement constitutes a restraint of trade, the court first considers whether it seeks to protect the partnership’s legitimate business interests1. The court concentrates on the main types of interest that have in the past been held to be legitimate, that is, the need to keep confidential information (particularly trade secrets) secret, the need to protect business connections, and the need to preserve a stable workforce2.
The court is particularly interested in the size and nature of