Trading in UK Law
Esso Petroleum Company Ltd v Harper's Garage (Stourport) Ltd
As the whole doctrine of restraint of trade is based on public policy its application ought to depend less on legal niceties or theoretical possibilities than on the practical effect of a restraint in hampering that freedom which it is the policy of the law to protect.
Restraint of trade appears to me to imply that a man contracts to give up some freedom which otherwise he would have had. A person buying or leasing land had no previous right to be there at all, let alone to trade there, and when he takes possession of that land subject to a negative restrictive covenant he gives up no right or freedom which he previously had.
If one who seeks to take a lease of land knows that the only lease which is available to him is a lease with a restriction then he must either take what is offered (on the appropriate financial terms) or he must seek a lease elsewhere. No feature of public policy requires that if he freely contracted he should be excused from honouring his contract.
When a contract only ties the parties during the continuance of the contract, and the negative ties are only those which are incidental and normal to the positive commercial arrangements at which the contract aims, even though those ties exclude all dealings with others, there is no restraint of trade within the meaning of the doctrine and no question of reasonableness arises.
One may express the exemption of these transactions from the doctrine of restraint of trade in terms of saying that they merely take land out of commerce and do not fetter the liberty to trade of individuals; but I think one can only truly explain them by saying that they have become part of the accepted machinery of a type of transaction which are generally found acceptable and necessary, so that instead of being regarded as restrictive they are accepted as part of the structure of a trading society.
Director General of Fair Trading v First National Bank Plc
Openness requires that the terms should be expressed fully, clearly and legibly, containing no concealed pitfalls or traps. Fair dealing requires that a supplier should not, whether deliberately or unconsciously, take advantage of the consumer's necessity, indigence, lack of experience, unfamiliarity with the subject matter of the contract, weak bargaining position or any other factor listed in or analogous to those listed in Schedule 2 of the regulations.
Davies v Sumner
Any disposal of a chattel held for the purposes of a business may, in a certain sense, be said to have been in the course of that business, irrespective of whether the chattel was acquired with a view to resale or for consumption or as a capital asset. But in my opinion section 1(1) of the Act is not intended to cast such a wide net as this.
Insider trading – unsolved issues
Purpose: This paper aims to show that, despite the development of prevention mechanisms for banks, undetected insider trading remains highly feasible. It, thereby, highlights that the current anti-...
Cross‐Border Insider Trading
Some 40 years have now passed since the US Securities and Exchange Commission (SEC) began seriously to attack the problem of insider trading in its seminal Cady, Roberts decision. Since then, a com...
Singapore: New Insider Trading Legislation
Hitherto, perhaps the most striking gap in Singapore's insider trading legislation has been the lack of effective civil remedies for insider trading. This and several other issues have been address...
...In "Forward-looking finance" (July/August), Robert Shaw recommends avoiding the Beyond Budgeting movement and the balanced scorecard. But he is misinformed about the issues that Beyond Budgeting addresses and also about the reasons why the balanced s......
- Charities - Trading Issues For Trading Companies
FCA reviews commodities trading
FCA has published a thematic review of commodities trading (CT) in September’s Market Watch. The review has taken place following recent changes in the structure of the CT markets. It focuses on fi...
Covid-19: Wrongful Trading
For directors of companies facing financial difficulties, the wrongful trading regime can be front of mind, given the exposure to risk of personal liability.
UK Emissions Trading Scheme markets
On 10 May 2021, the Department for Business, Energy and Industrial Strategy (BEIS) published a new webpage explaining the supply of allowances in the UK Emissions Trading Scheme (UK ETS) in the ear...