Petter v EMC Europe Ltd & Anor

Petter v EMC Europe Ltd & Anor

The judge correctly exercised discretion to order a speedy trial, as Mr Petter faced real urgency and risk due to EMC Europe's refusal to undertake not to sue, and the Massachusetts proceedings. The principles governing expedition were properly applied, and no relevant matters were overlooked.

Parties
Claimant/respondent: James Petter; Appellant/1st Defendant: EMC Europe Limited; 2nd Defendant: EMC Corporation
Jurisdiction
England and Wales
Judgment Date
16 April 2015
Procedural Posture
Civil Appeal / Appeal From High Court Case Management Order
Outcome
Appeal dismissed
Legal Topics
Expedited Trial, Restrictive Covenants, Non Compete Clauses, Case Management Discretion
Employment Law Civil Procedure Expedited Trial Restrictive Covenants Non Compete Clauses Case Management Discretion

Case Brief

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Parties

James Petter

Claimant/respondent

EMC Europe Limited

Appellant/1st Defendant

EMC Corporation

2nd Defendant

Procedural Posture

Civil Appeal / Appeal From High Court Case Management Order

Legal Issues

  1. 1 Whether the judge was correct to order a speedy trial of the claimant's challenge to restrictive covenants
  2. 2 Whether real, objectively viewed urgency justified expedition

Ratio Decidendi

The judge correctly exercised discretion to order a speedy trial, as Mr Petter faced real urgency and risk due to EMC Europe's refusal to undertake not to sue, and the Massachusetts proceedings. The principles governing expedition were properly applied, and no relevant matters were overlooked.

Court Disposition

Appeal dismissed

Orders

  • Application for expedited trial upheld
  • Appeal refused