Decision of Peter Smith J in Francotyp-Postalia Ltd v Whitehead [2011] EWHC 367 (Ch)

25.02.2011

Peter Smith J handed down his decision in Francotyp-Postalia Ltd v Whitehead [2011] EWHC 367 (Ch), a case concerning the severability of clauses in a commercial contract. The judge, applying the test laid out in Beckett Investment Management Ltd v Glyn Hall [2007] EWCA Civ 613, held that a certain part of a restricitve post-termination covenant could not be severed from the contract as a whole. Paul de la Piquerie appeared for the Claimant.

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