| Commentary

229.4 Drafting for severance

| Commentary

229.4 Drafting for severance

Where an agreement in restraint of trade contains more than one restriction, it is possible in some cases for the court to strike out any void restrictions and enforce the remainder. The doctrine of severance, sometimes known as the ‘blue pencil test’, is only effective where the offending covenant can be removed without altering the meaning of the words which are left, without destroying the substance of the agreement, namely the consideration, and without radically changing the nature of the agreement1. The court will only generally sever an agreement if the severed parts are

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