X-R Touring LLP v Joshua Javor & Anor

X-R Touring LLP v Joshua Javor & Anor

Claims alleging breach of, and inducing breach of, the non-solicitation covenant are fit for trial and should proceed; claims founded on alleged entitlement to commission are doomed to fail and should be struck out or be the subject of summary judgment, as the commission provision is an unreasonable restraint of trade and unenforceable.

Parties
Claimant: X-R Touring LLP; First Defendant: Joshua Javor; Second Defendant: William Morris Endeavor Entertainment (U.K.) Limited
Jurisdiction
England and Wales
Judgment Date
15 March 2024
Procedural Posture
Civil / Approved Judgment on Applications to Strike Out and for Summary Judgment
Outcome
Claims based on non-solicitation covenant to proceed to trial; claims based on commission provision struck out or summary judgment granted.
Legal Topics
Post Termination Restrictions, Non Solicitation Covenants, Restraint of Trade, Inducement of Breach of Contract, Commission Entitlement
Employment Law Contract Law Tort Law Post Termination Restrictions Non Solicitation Covenants Restraint of Trade Inducement of Breach of Contract Commission Entitlement

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Parties

X-R Touring LLP

Claimant

Joshua Javor

First Defendant

William Morris Endeavor Entertainment (U.K.) Limited

Second Defendant

Procedural Posture

Civil / Approved Judgment on Applications to Strike Out and for Summary Judgment

Legal Issues

  1. 1 Enforceability of non-solicitation covenant
  2. 2 Breach of non-solicitation covenant
  3. 3 Inducement of breach by WME

Ratio Decidendi

Claims alleging breach of, and inducing breach of, the non-solicitation covenant are fit for trial and should proceed; claims founded on alleged entitlement to commission are doomed to fail and should be struck out or be the subject of summary judgment, as the commission provision is an unreasonable restraint of trade and unenforceable.

Court Disposition

Claims based on non-solicitation covenant to proceed to trial; claims based on commission provision struck out or summary judgment granted.

Orders

  • Strike out or summary judgment on commission provision claims
  • Proceed to trial on non-solicitation covenant claims