The difficulties of enforcing gagging clauses in player contracts
The storms following the recent autobiographical releases from Roy Keane and Kevin Pietersen1, which each contain arguably inflammatory comments by the individuals about their ex-employers, were perhaps a little predictable, but nonetheless provide interesting examples on the operation of sports stars’ termination agreements, in particular how confidentiality (gagging) clauses interact with both penalty clauses and competition law in the sphere of employment relationships.
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- Tags: Contract Law | Cricket | Employment Law | England and Wales Cricket Board (ECB) | Football | Gagging Clauses | Penalty Clause | Restraints of Trade
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Damian Brown QC is a Barrister at Littleton Chambers specialising in sports and regulatory law. He regularly appears for clubs, players and managers in sports disputes in a variety of fora.