Indeed. Ideally if someone knew a solicitor is a personal capacity and asked them informally for advice beforehand then it might help clarify whether there is a case or not. I wouldn't rush into pursuing such a case!
If the advice is that it is not a lawful clause then I wouldn't bother challenging it anyway - I would just go ahead and set the company up and wait for them to pursue it through the courts!
But as I say, definitely consult a solicitor first.
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