Petter v EMC Europe Ltd & Anor [2015] EWCA Civ 480 (16 April 2015)

Petter v EMC Europe Ltd & Anor [2015] EWCA Civ 480 (16 April 2015)

The judge correctly exercised his discretion in ordering a speedy trial, as there was objectively justified urgency due to the claimant's need for certainty regarding his employment and potential liability, and no error of principle or failure to consider relevant factors was established.

Citation
[2015] EWCA Civ 480
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
Appeal / Appeal From High Court Decision on Case Management (order for Speedy Trial)
Outcome
Appeal dismissed
Legal Topics
Restrictive Covenants, Expedited Trials, Case Management Discretion, Non Competition Clauses, Non Solicitation Clauses
Employment Law Civil Procedure Restrictive Covenants Expedited Trials Case Management Discretion Non Competition Clauses Non Solicitation Clauses

Case Brief

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Parties

James Petter

Claimant/respondent

EMC Europe Limited

Appellant/1st Defendant

EMC Corporation

2nd Defendant

Procedural Posture

Appeal / Appeal From High Court Decision on Case Management (order for Speedy Trial)

Legal Issues

  1. 1 Whether the judge was correct to order a speedy trial of the claimant's challenge to restrictive covenants in his employment contract
  2. 2 Whether there was objectively justified urgency warranting expedition of the trial

Ratio Decidendi

The judge correctly exercised his discretion in ordering a speedy trial, as there was objectively justified urgency due to the claimant's need for certainty regarding his employment and potential liability, and no error of principle or failure to consider relevant factors was established.

Court Disposition

Appeal dismissed

Orders

  • Application for permission to appeal refused
  • Order for speedy trial stands