Judges back ten mile ban on young lawyerBy Sue AllenA Court of Appeal decision this week stopping a young solicitor from working within a ten-mile radius of his former firm for a year has been described as astonishing, harsh and anti-competitive by leading employment lawyers.Mr Justice Aldous, who led the two-judge Court of Appeal in its findings, said the case raised 'no point of principle' and 'no dispute in law'.He supported the decision of the first-instance judge, Judge Stretton, that the ten-mile radius restriction was reasonable, 'bearing in mind the nature of the area' and that it did not stop the solicitor working within other cities in the east midlands, notably Nottingham and Derby.

He described the one-year duration of the clause as 'perfectly reasonable' and 'moderate'.The case arose last year when two-year qualified criminal solicitor Mark Stocks left Hollis & Co, based in Sutton-in-Ashfield, to work with Broadbents, which has offices in Sutton, Alfreton and Heanor.Mr Stocks said the decision sets a 'dangerous precedent for trainee solicitors and those with very little post-qualification experience'.

Many newly-qualified solicitors cannot to move to a new town as they are still struggling with university debts, he said.'This case highlights the inequality of bargaining power when young solicitors are trying to enter a competitive market.

They often have to sign contracts with unfavourable clauses to get relevant post-qualification experience,' he added.Jane Mann, deputy chairman of the Employment Lawyers Association, said such a clause may operate 'harshly and unfairly', particularly against young solicitors.

'It is also anti-competitive in denying clients freedom of choice and in denying young solicitors the right to practice where they live and want to practice,' she said.

A narrower non-solicitation covenant may have been better, she suggested.Lucy Winskell, the Law Society Council member for young solicitors, said she was 'astonished' by the decision.

'To tie someone up at such an early stage in their career could result in some young solicitors finding themselves out of a job in some areas.'However, Gareth Brahams, an employment solicitor at Lewis Silkin, felt the clause was reasonable when considering a semi-rural practice 'which was looking to protect passing trade'.It was 'unrealistic' to suggest that a two-year-qualified solicitor could not have built up sufficiently strong client relations to damage the firm when he or she left, he added.Hollis & Co's sole principal, Andrew Hollis, said the ten-mile restriction 'may sound a lot' but only covers two courts, where most of the firm's work is done.

He said Mr Stocks was 'as good as a partner' when he left and 'without doubt' would have taken clients.