Normandie v Norval [2024] DIFC SCT 105 (12 July 2024)

Normandie v Norval [2024] DIFC SCT 105 (12 July 2024)

Both applications for permission to appeal are refused because the Claimant was obliged to pay the sum awarded in the first judgment and the restrictive covenant was reasonable in its geographical scope; neither application had a real prospect of success or compelling reason to be heard.

Citation
[2024] DIFC SCT 105
Parties
Claimant/applicant/respondent: Normandie; Defendant/respondent/applicant: Norval
Jurisdiction
United Arab Emirates
Judgment Date
12 July 2024
Procedural Posture
Appeal (permission to Appeal) / Application for Permission to Appeal Judgment of Small Claims Tribunal
Outcome
Both applications for permission to appeal refused.
Legal Topics
Unpaid Entitlements, Gardening Leave, Restrictive Covenants, Enforcement of Judgments, Appeal Procedure
Employment Law Contract Law Unpaid Entitlements Gardening Leave Restrictive Covenants Enforcement of Judgments Appeal Procedure

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Parties

Normandie

Claimant/applicant/respondent

Norval

Defendant/respondent/applicant

Procedural Posture

Appeal (permission to Appeal) / Application for Permission to Appeal Judgment of Small Claims Tribunal

Legal Issues

  1. 1 Whether the Claimant was obliged to pay the sum awarded in the first judgment despite disputing entitlement
  2. 2 Whether the restrictive covenant in the employment contract was unreasonable in duration and geographical scope

Ratio Decidendi

Both applications for permission to appeal are refused because the Claimant was obliged to pay the sum awarded in the first judgment and the restrictive covenant was reasonable in its geographical scope; neither application had a real prospect of success or compelling reason to be heard.

Court Disposition

Both applications for permission to appeal refused.

Orders

  • Claimant’s Application is refused.
  • Defendant’s Application is refused.