Restraint of Trade Attorneys

When to hire a restraint of trade attorney

• You have signed a restraint and are leaving to join a competitor.
• A former employee has taken your clients or confidential information.
• You are selling a business and need a restraint clause drafted.
• You are facing urgent interdict proceedings to enforce a restraint.
• You want to challenge a restraint as unreasonable.

What to expect

Restraint disputes typically move urgently through the High Court via interdict applications. The court considers the reasonableness factors case-by-case: protected interest, scope, geographic area, duration, public interest. Courts routinely 'read down' overly broad restraints to what is reasonable rather than striking them entirely.

Typical fees

Urgent High Court interdict: R80,000-R300,000. Defending a restraint: R60,000-R250,000. Drafting restraints in employment or sale agreements: R3,500-R15,000.

Frequently Asked Questions