The Gazette 1919-20

The Gazette of the Incorporated Law Society of Ireland.

[JANUARY, 1920

22

Mr. Clayton, K.C., appeared for defendant, and in reply to his Lordship, said that they did not refute the breach. It was done intentionally to raise the question. The plaintiff said that restrictive covenants were common in such cases as these in his business. Mr. H. Johnston, for the plaintiff, referred to precedents of such agreements, which showed that the restraint was good if it was reasonable. Mr. Clayton, for the defendant, said that his client was contesting the position which was taken up by the plaintiff as being vital to him in the prosecution of his business. He would not call any evidence. The question was one of law. The effect of such an agreement must not be to restrain com petition per se. In this case it did. It was not limited to the period during which the plaintiff or his assigns were in business. Mr. Justice Eve, after stating the facts, said that there was a restriction on the defendant in terms during his life against acting within seven miles of Tamworth. The question was whether that was reason able, first, in the interests of the contracting parties, and, secondly, in the interests of the public. He (his Lordship) was not anxious to make contributions to the literature on the subject, and accordingly he would take language culled from that literature. The I

matters from doing which the defendant was restrained were such as ought to be jealously guarded or they might otherwise be attended with disastrous consequences to the employer. The restriction was not more than was adequate for the protection of the covenantor. But it was said that it was invalid because of its duration—for life. But he (his Lordship) was unable to agree with that contention. Having regard to the language of Lord Parker in Morris v. Saxelby he (his Lordship) could not think that the agreement was attended with inconvenience to the public or was injurious to them. Therefore he would grant the injunction, and the defendant must pay the costs of the action. (Reported, Weekly Notes, 17th January, 1920.) SOLICITOR, recently qualified, ex-officer, over four years service, B.A., Trinity, small office experience, wants post as assistant. Small salary to gain experience. Reply, Solicitor, c/o Hely's Limited, Dame Street, Dublin. ALL communications connected with THE GAZETTE (other than advertisements) should be addressed to the Secretary of the Society Solicitors' Buildings, Four Courts, Dublin.