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Contractor guide to the ‘restraint of trade’ principles
Contractors may face contracts with restrictions, but sometimes these can’t be enforced due to restraint of trade principles, says Roger Sinclair.
…when to seek competent legal assistance, is a key contracting skill,” says Roger Sinclair of contractor legal s… …de issues through restrictive covenants in agency contracts. And client contracts sometimes have exclusivity… …rough trade, and it is a fundamental principle of contract law that we are free to enter into contracts on t…
Category: Articles: Legal | Thu, 29 Nov 2012

Contractor Doctor’s recent legal challenges facing contractors
Contractor Calculator’s Contractor Doctor summarises the top legal challenges & solutions that contractors recently faced and overcame.
…. We answered them all and have published over 56 contracting guides so far this year. To help the wider contra… …s, which are typically found in contractor agency contracts, play an important role in protecting the investm… …to date. They broadly fall into five main themes: Contract restrictions – restrictive covenants Contractual…
Category: Articles: Legal | Thu, 12 Sept 2013

Practicalities for contractors when disputes ‘go legal’
Contractors would be prudent to only ‘go legal’ as a last resort and should understand the practicalities of legal action before heading to court.
…, specific legalisation and precedent relating to contracts, late payments and company law. Some legal princi… …encounter legal disputes when money is owed or a contract has been breached. But other legal issues crop up…
Category: Articles: Legal | Wed, 20 Nov 2013

Force majeure and frustrated contracts - guide for contractors
Contractors may find the principle of frustration and clauses headed with ‘force majeure’ could provide contractual relief, says Egos’ Roger Sinclair.
…alone.” Force majeure is used in most contractor contracts Force majeure clauses will appear in many contrac… …find that the legal principle of frustration, and contract clauses under the heading of ‘force majeure’, cou…
Category: Articles: Legal | Tue, 10 Dec 2013

Contracts tainted with illegality are unlikely to be enforceable
Contractors who enter into a contract that is ‘tainted with illegality’ may find that the agreement is unenforceable, explains Roger Sinclair of Egos.
…therefore unenforceable will be obvious, such as contracting with a former employer for tax evasion purposes.… …lair. “In the past, this has been held to include contracts 'tending to promote sexual immorality'. In 1866 a… …Contractors entering into a contract that is proved to be ‘tainted with illegality’ ma…
Category: Articles: Legal | Tue, 30 Sept 2014

What contractors can do when a contract falls through
Contractors can choose the legal route if jilted by an agent before a contract starts, but in many cases it’s best to take it on the chin and move on.
…ewal , or revalidate the old one before the first contract's term is up. Contractors shouldn’t delay as they m… …ind of loss as one of the risks and perils of the contracting business. When workers choose to become contracto… …ors looking for work typically apply for multiple contracts simultaneously. That usually means that once they… …Contractors who have a contract cancelled at the last minute can seek legal redre…
Category: Articles: Legal | Wed, 12 Nov 2014

How contracts are formed in English law
Contractors benefit from a basic understanding of how contracts are formed in English law so they know when to seek professional help.
…that has a certain and unambiguous meaning. In a contracting context, is it clear who the client is? Is it cle… …Contractors deal with contracts all the time – the clue is in the name. Contract… …contracts all the time – the clue is in the name. Contract law is a complex area, in which some lawyers spec…
Category: Articles: Legal | Thu, 06 Aug 2015

How to break free from a restrictive covenant following a client/agency dispute
Find out how you could potentially break free from a restrictive covenant and continue contracting when the client/agency relationship breaks down.
…If you’ve lost a contract due to a breakdown between your agency and the cl…
Category: Articles: Legal | Mon, 13 Feb 2017

What contractors should do about late payment
Late payment can become a thorn in your side. You do have some recourse if it does.
…ute a significant breach in and of itself.'' Some contracts have terms that make this clear but for those tha… …me to get the last payment under the terms of the contract, it may not just be late, it may never come. To r…
Category: Articles: Legal | Thu, 25 May 2017

Your legal rights when you go contracting
Contractors new to limited company contracting must grapple with rules governing workplaces, relationships and practices: contract law.
…ed company contractors just starting out on their contracting career leave their last employer, workplace and c… …tes with agencies and clients are now governed by contract law – there’s no such thing as ‘contractor rights…
Category: Articles: Legal | Fri, 23 Feb 2018