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Francotyp-Postalia Ltd v Whitehead and ors - restrictive covenants

A court cannot sever, by application of the "blue pencil", an unenforceably wide definition in a restrictive covenant if the severance would affect other, enforceable, provisions of the covenant.

This case concerns the determination of a single point of law that arose in High Court proceedings before Chief Master Winegarten. It is not an employment law case, but its outcome potentially affects restrictive covenants in contracts of employment.

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