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 the alleged unlawful diversion of clients and misuse of confidential information by the First to Third Defendants. The risk of further misuse and the need to preserve evidence justify interim injunctive relief, including orders for preservation of evidence, delivery up of hard copy confidential information, and provision of affidavits, but not enforcement of contractual obligations relating to unfair competition at this stage as damages would be adequate.

Citation
[2021] EWHC 239
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 for Injunctive Relief / Application for Interim Orders Prior to Expedited Trial
Outcome
Interim injunctive relief granted in part
Legal Topics
Breach of Contract, Confidential Information, Interim Injunctions, Preservation of Evidence, Fiduciary Duties, Inducement of Breach of Contract
Employment Law Commercial Law Equity Breach of Contract Confidential Information Interim Injunctions Preservation of Evidence Fiduciary Duties +1 more

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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 for Injunctive Relief / Application for Interim Orders Prior to Expedited Trial

Legal Issues

  1. 1 Whether there is a serious issue to be tried regarding alleged breaches of contract, inducement of breach, and misuse of confidential information
  2. 2 Whether interim injunctive relief should be granted to preserve evidence and require delivery up of confidential information
  3. 3 Whether the balance of convenience and adequacy of damages justify the grant of interim relief

Ratio Decidendi

There is a serious issue to be tried regarding the alleged unlawful diversion of clients and misuse of confidential information by the First to Third Defendants. The risk of further misuse and the need to preserve evidence justify interim injunctive relief, including orders for preservation of evidence, delivery up of hard copy confidential information, and provision of affidavits, but not enforcement of contractual obligations relating to unfair competition at this stage as damages would be adequate.

Court Disposition

Interim injunctive relief granted in part

Orders

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