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The difficulties of enforcing gagging clauses in player contracts

Kevin Pietersen and Roy Keane
Monday, 10 November 2014 By Damian Brown QC

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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Damian Brown QC

Damian Brown QC

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.

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