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Norbrook Laboratories (GB) Limited v Adair and Pfizer Limited - blue pencilling of partially unenforceable post-termination restrictive covenant - QBD 6.5.08

When the court is asked to consider whether a contractual term is enforceable it adopts an "all or nothing approach", but on occasion it will "blue pencil" elements of the term out and declare the rest enforceable. There are limits - Intercall Conferencing Services Ltd v Steer [2007] EWHC 519 (QB) (15 March 2007) is authority that "The court cannot blue pencil or sever parts of a restrictive covenant unless that can be done without changing the sense of the contract.".

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