X-R Touring LLP v Javor & Anor [2024] EWHC 562 (KB) (13 March 2024)

X-R Touring LLP v Javor & Anor [2024] EWHC 562 (KB) (13 March 2024)

The non-solicitation covenant is arguably enforceable and there is a real prospect of breach being established at trial; the commission provision is an unreasonable restraint of trade, not limited in time or scope, and is clearly unenforceable; claims based on the commission provision are struck out or summarily dismissed, but claims based on the non-solicitation covenant proceed to trial.

Citation
[2024] EWHC 562 (KB)
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
13 March 2024
Procedural Posture
High Court Civil Claim (king's Bench Division) / Application to Strike Out And/or for Summary Judgment
Outcome
Claim for breach of non-solicitation covenant and inducement to proceed to trial; claim based on commission provision struck out or summarily dismissed.
Legal Topics
Post Termination Restrictive Covenants, Restraint of Trade, Non Solicitation Covenants, Inducement of Breach of Contract, Declaratory Relief, Summary Judgment, Strike Out Applications
Employment Law Contract Law Tort Law Post Termination Restrictive Covenants Restraint of Trade Non Solicitation Covenants Inducement of Breach of Contract Declaratory Relief +2 more

Case Brief

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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

High Court Civil Claim (king's Bench Division) / Application to Strike Out And/or for Summary Judgment

Legal Issues

  1. 1 Whether the non-solicitation covenant in Mr Javor's employment contract is enforceable and breached
  2. 2 Whether WME induced breach of the non-solicitation covenant
  3. 3 Whether the commission provision is enforceable or void as an unreasonable restraint of trade

Ratio Decidendi

The non-solicitation covenant is arguably enforceable and there is a real prospect of breach being established at trial; the commission provision is an unreasonable restraint of trade, not limited in time or scope, and is clearly unenforceable; claims based on the commission provision are struck out or summarily dismissed, but claims based on the non-solicitation covenant proceed to trial.

Court Disposition

Claim for breach of non-solicitation covenant and inducement to proceed to trial; claim based on commission provision struck out or summarily dismissed.

Orders

  • Claims based on the commission provision are struck out or summarily dismissed.
  • Claims based on the non-solicitation covenant and inducement proceed to trial.