||All England Reporter
|| All ER (D) 224 (Jan)
|| EWCA Civ 29
||Court of Appeal, Civil Division
Lord Justice Rimer, Lord Justice Lewison and Lord Justice Briggs
||Hugh Simms and Douglas Leach (instructed by Morgan Cole LLP) for the claimants.
||Chris Quinn (instructed by Rentokil Initial plc) for the defendants.
||29 January 2014
Confidential information - Injunction against disclosure of information - Interim injunctions - Parties entering confidentiality agreement in contemplation of subcontract and subcontract subsequently being entered - Claimants being granted injunctions restraining defendants using confidential information - Defendants challenging injunctions - Whether judge erring in finding confidentiality agreement continuing under subcontract - Whether claimants being required to expressly impose restraint and to justify it as reasonable - Whether judge erring in granting springboard injunction - Whether damages being adequate remedy.
Confidential information Injunction against disclosure of information. The claimants were granted injunctions, restraining the defendants using their confidential information. The defendants appealed on the basis that the parties' confidentiality agreement did not continue once a subcontract had been entered and that damages were an adequate remedy. The Court of Appeal, Civil Division, in dismissing the appeal, held that the judge had correctly found that the confidentiality agreement continued after the subcontract and that the relief granted had been a matter within the discretion of the judge with which the court would not interfere.
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