“…Mr Jones QC then cited extensively from the speeches of the House of Lords in Herbert Morris Ltd v Saxelby [1916] 1 AC 688 in support of the proposition that, if the restraint affords no more than the protection needed, then it is reasonable and that in those circumstances the inte…”
“…by an employee derives from the decisions of the House of Lords in Mason v Provident Clothing and Supply Limited [1913] AC 724 and Herbert Morris Ltd v Saxelby [1916] 1 AC 688. There are some tricky areas such as severability, and covenants against poaching of staff have become recognised as a legitimate category, but the fundamental…”
“…of the doctrine lies the tension between two freedoms, on the one hand freedom of contract, and on the other freedom of trade: see Herbert Morris Ltd v Saxelby [1916] 1 AC 688 (“Saxelby”) (at 716 per Lord Shaw). How these freedoms are reconciled may depend on the type of contract in question. By way of example, between employer and e…”