“…dopted and applied by the judge in ordering expedition: it is said that the judge failed to apply the test set out in Petter v EMC Europe Ltd & EMC Corporation [2015] EWCA Civ 480 (that an order for expedition could only be justified on the basis of real, objectively viewed, urgency in the case). Instead the judge wrongly considered whet…”
“…the claim promptly, early in the lifetime of the covenant and before much direct competition with the claimant has taken place: see Petter v EMC Europe Limited [2015] EWCA Civ 480. No prejudice to either defendant has been suggested, and the enforceability of clause 19.1 ought not to require extensive evidence. While the delay here is a …”