- 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
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.
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