LTE Scientific Ltd. v Thomas & Anor [2004] EWCA Civ 1622 (29 November 2004)

LTE Scientific Ltd. v Thomas & Anor [2004] EWCA Civ 1622 (29 November 2004)

Permission to appeal is refused on expert evidence and cross-examination as the judge's decision was reasonable and no real prejudice was shown. Permission is granted and the appeal allowed only in relation to admitting paragraphs 11 onwards of Mr Perry's third affidavit, as no real prejudice to Mr Thomas was demonstrated and the evidence is already in issue.

Citation
[2004] EWCA Civ 1622
Parties
Claimant/applicant: LTE Scientific Limited; First Defendant/respondent: David Anthony Thomas; Second Defendant: Barbara Anne Thomas
Jurisdiction
England and Wales
Judgment Date
29 November 2004
Procedural Posture
Appeal / Application for Permission to Appeal and Appeal From Case Management Order
Outcome
Application for permission to appeal granted in part; appeal allowed in part
Legal Topics
Restrictive Covenants, Case Management, Admissibility of Evidence, Injunctions
Contract Law Employment Law Civil Procedure Restrictive Covenants Case Management Admissibility of Evidence Injunctions

Case Brief

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Parties

LTE Scientific Limited

Claimant/applicant

David Anthony Thomas

First Defendant/respondent

Barbara Anne Thomas

Second Defendant

Procedural Posture

Appeal / Application for Permission to Appeal and Appeal From Case Management Order

Legal Issues

  1. 1 Whether the judge erred in refusing permission to adduce further factual and expert evidence for the preliminary issue on enforceability of a restrictive covenant
  2. 2 Whether the judge erred in refusing permission for cross-examination at the preliminary issue hearing

Ratio Decidendi

Permission to appeal is refused on expert evidence and cross-examination as the judge's decision was reasonable and no real prejudice was shown. Permission is granted and the appeal allowed only in relation to admitting paragraphs 11 onwards of Mr Perry's third affidavit, as no real prejudice to Mr Thomas was demonstrated and the evidence is already in issue.

Court Disposition

Application for permission to appeal granted in part; appeal allowed in part

Orders

  • Permission to appeal granted in relation to Mr Perry's third affidavit (paragraphs 11 onwards)
  • Appeal allowed to that extent