Case Update: Dwyer v Fredbar in the Court of Appeal
In our previous article about post-termination restrictive covenants we discussed the High Court case of Dwyer (UK Franchising) Limited v Fredbar Limited [2021] EWHC 1218 as an example of covenants being found unreasonable and therefore unenforceable. Since then, the Claimant has appealed the judgment and the Court of Appeal has once again found in favor of the Defendant. So what does this mean for those trying to enforce, or avoid, restrictive covenants?
The Facts
The facts of the case are set out in our previous article (link above). However, in short, the Claimant (Dwyer) is the franchisor of ‘Drain Doctor’,…