Stroma Building Control Ltd v Barr [2021] EWHC 239 (QB) (09 February 2021)

Stroma Building Control Ltd v Barr [2021] EWHC 239 (QB) (09 February 2021)

There is a serious issue to be tried regarding alleged breaches and inducement of breach. Interim relief for preservation of evidence and delivery up of confidential information is justified due to compelling evidence of wrongdoing, risk of evidence loss, and minimal harm to Defendants. Orders for affidavits are proportionate given ongoing projects and need for explanation.

Citation
[2021] EWHC 239 (QB)
Parties
Claimant: Stroma Building Control Limited; First Defendant: Nigel Barr; Second Defendant: Paul Boyce; Third Defendant: Compliance Building Control Limited; Fourth Defendant: Mark Sheppard; Fifth Defendant: Gordon Lynch; Sixth Defendant: Balraj Sheri
Jurisdiction
England and Wales
Judgment Date
09 February 2021
Procedural Posture
Interlocutory Application / Interim Relief Hearing
Outcome
Interim injunctive relief granted in part
Legal Topics
Breach of Contract, Inducement of Breach, Confidential Information, Evidence Preservation, Interim Injunctions
Employment Law Commercial Law Contract Law Breach of Contract Inducement of Breach Confidential Information Evidence Preservation Interim Injunctions

Case Brief

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Parties

Stroma Building Control Limited

Claimant

Nigel Barr

First Defendant

Paul Boyce

Second Defendant

Compliance Building Control Limited

Third Defendant

Mark Sheppard

Fourth Defendant

Gordon Lynch

Fifth Defendant

Balraj Sheri

Sixth Defendant

Procedural Posture

Interlocutory Application / Interim Relief Hearing

Legal Issues

  1. 1 Whether there is a serious issue to be tried regarding alleged breaches of contract and inducement of breach
  2. 2 Whether interim injunctive relief should be granted for preservation of evidence and delivery up of confidential information
  3. 3 Adequacy of damages as a remedy

Ratio Decidendi

There is a serious issue to be tried regarding alleged breaches and inducement of breach. Interim relief for preservation of evidence and delivery up of confidential information is justified due to compelling evidence of wrongdoing, risk of evidence loss, and minimal harm to Defendants. Orders for affidavits are proportionate given ongoing projects and need for explanation.

Court Disposition

Interim injunctive relief granted in part

Orders

  • First to Third Defendants to deliver up hard copy confidential information by 4 February 2021
  • First to Third Defendants to preserve relevant evidence until 9 February 2021 or further order