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but the key things are notice that this is now Supreme Court authority from 2019 as to what the approach of the court will be in terms of severance if one of the parties ask them to sever what part or the whole of a clause so let's read through these three factors the unenforceable provision must be capable of being removed without the necessity of adding to or modifying the wording of what remains the so-called blue pencil test now that's essentially what happens in the case that we've just looked at because the view is that the rest of it can continue as it is no need to modify now alongside that it's also the case that the remaining terms must continue to be supported by adequate consideration after the Supreme Court doesn't really want to get into that discussion very much and effectively is of the view that it that's normally taken as read however the third Clause or the third requirement must also be satisfied the removal of the unenforceable provision does not so change the cha...