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Franchise post-termination restrictions held unenforceable (Dwyer (UK Franchising) Ltd v Fredbar Ltd and another)

Franchise post-termination restrictions held unenforceable (Dwyer (UK Franchising) Ltd v Fredbar Ltd and another)
Published on: 20 May 2021
Published by: LexisPSL
  • Franchise post-termination restrictions held unenforceable (Dwyer (UK Franchising) Ltd v Fredbar Ltd and another)
  • What are the practical implications of this case?
  • What was the background?
  • What did the court decide?
  • Repudiatory breach
  • Enforceability of the restrictive covenants
  • Case details

Article summary

Commercial analysis: The High Court has found in favour of a franchisor on a number of issues arising out of its termination of a franchise agreement for repudiatory breach by a franchisee. However, it held that a 12-month post-termination restriction on the ability of the franchisee to carry on a business similar to that covered by the franchise agreement was unreasonable and unenforceable. Written by Fiona Boswell, partner at Knights plc. or take a trial to read the full analysis.

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