X-R Touring LLP v Joshua Javor & Anor

X-R Touring LLP v Joshua Javor & Anor

The appeal was allowed because it was not plain and obvious that clause 13 went further than reasonably necessary to protect X-R's legitimate interests, and the issues of enforceability, reasonableness, and severance required determination at trial rather than summary judgment.

Parties
Appellant: X-R Touring LLP; First Respondent: Joshua Javor; Second Respondent: William Morris Endeavor Entertainment U.K. Limited
Jurisdiction
England and Wales
Judgment Date
17 April 2025
Procedural Posture
Civil Appeal / Appeal From High Court Summary Judgment/strike Out
Outcome
Appeal allowed
Legal Topics
Restraint of Trade, Post Termination Obligations, Commission Clauses, Non Solicitation Covenants, Severance of Contractual Terms
Employment Law Contract Law Restraint of Trade Post Termination Obligations Commission Clauses Non Solicitation Covenants Severance of Contractual Terms

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Parties

X-R Touring LLP

Appellant

Joshua Javor

First Respondent

William Morris Endeavor Entertainment U.K. Limited

Second Respondent

Procedural Posture

Civil Appeal / Appeal From High Court Summary Judgment/strike Out

Legal Issues

  1. 1 Whether the commission provision in clause 13 operates as a restraint of trade
  2. 2 Whether the commission provision is enforceable or unreasonably wide
  3. 3 Whether the commission provision protects legitimate business interests

Ratio Decidendi

The appeal was allowed because it was not plain and obvious that clause 13 went further than reasonably necessary to protect X-R's legitimate interests, and the issues of enforceability, reasonableness, and severance required determination at trial rather than summary judgment.

Court Disposition

Appeal allowed

Orders

  • Strike out of claim for commission reversed
  • Matter remitted for trial on enforceability and reasonableness of clause 13