Severability Clause in UK Contracts: What It Means & Example Wording

When to Include a Severability Clause

• In every contract as standard boilerplate — it is a low-cost protection against the risk of individual clauses being invalidated
• In contracts containing restrictive covenants (non-compete, non-solicitation) where there is a realistic possibility that a court might find a specific restriction too broad
• In international contracts where a clause valid in one jurisdiction might be unenforceable in another

Example Wording

This example wording is illustrative only. Customise it to your specific circumstances and consider seeking legal advice.

Is a Severability Clause Enforceable in the UK?

Severability clauses are enforceable in the UK and are routinely upheld. Courts will give effect to a severability clause unless severing the invalid provision would fundamentally change the nature or balance of the contract. The blue pencil test (as applied in Tillman v Egon Zehnder [2019] UKSC 32) allows courts to sever specific words from an unenforceable provision, but only if the remaining words make grammatical and commercial sense without altering the overall effect.

Common Mistakes

• Assuming severability will automatically save a contract where the invalid clause is central to the deal — if the unenforceable provision goes to the heart of the agreement, severing it may leave a contract that no longer makes commercial sense
• Not including a requirement to negotiate a replacement provision — without this, the parties may be left with a gap in the contract
• Relying solely on severability instead of properly drafting clauses to be enforceable in the first place — severability is a safety net, not a substitute for good drafting