City Site Solutions Ltd v Baker & Ors [2023] EWHC 2064 (KB) (09 August 2023)

City Site Solutions Ltd v Baker & Ors [2023] EWHC 2064 (KB) (09 August 2023)

The claimant established a strong prima facie case of breach of contract and duty by the first and fourth defendants, including misappropriation of confidential information and breach of PTRs. The court was satisfied to a high degree of assurance that the claimant would likely succeed at trial, that damages would...

Source-derived case information.

Citation
[2023] EWHC 2064 (KB)
Parties
Claimant: City Site Solutions Limited; First Defendant: Liam Baker; Second Defendant: Daniel Griffiths; Third Defendant: Josh Sartain; Fourth Defendant: Cornerstone Project Source Limited
Jurisdiction
England and Wales
Judgment Date
09 August 2023
Procedural Posture
Interim Injunction Application in Employment Dispute / Hearing of Application for Interim Injunctive Relief and Directions for Speedy Trial
Outcome
Interim injunctive relief granted in modified form; directions for speedy trial given; consent orders approved for second and third defendants.
Legal Topics
Breach of Contract, Confidential Information, Post Termination Restrictions (ptrs), Injunctive Relief, Constructive Dismissal, Team Move, Springboard Relief, Mandatory Injunctions
Employment Law Equity Contract Law Breach of Contract Confidential Information Post Termination Restrictions (ptrs) Injunctive Relief Constructive Dismissal +3 more

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Summary, issues, holding and outcome

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Parties

City Site Solutions Limited

Claimant

Liam Baker

First Defendant

Daniel Griffiths

Second Defendant

Josh Sartain

Third Defendant

Cornerstone Project Source Limited

Fourth Defendant

Procedural Posture

Interim Injunction Application in Employment Dispute / Hearing of Application for Interim Injunctive Relief and Directions for Speedy Trial

Legal Issues

  1. 1 Whether the claimant is entitled to interim injunctive relief against the first and fourth defendants for alleged misuse of confidential information and breach of contract/duty
  2. 2 Whether the claimant is entitled to enforce post-termination restrictions (PTRs) against the first defendant
  3. 3 Whether the claimant is entitled to orders for affidavit disclosure and imaging/inspection of devices

Ratio Decidendi

The claimant established a strong prima facie case of breach of contract and duty by the first and fourth defendants, including misappropriation of confidential information and breach of PTRs. The court was satisfied to a high degree of assurance that the claimant would likely succeed at trial, that damages would not be an adequate remedy, and that the balance of convenience favoured granting interim injunctive relief. The court rejected the constructive dismissal and clean hands defences at this stage, found the PTRs sufficiently clear and reasonable, and granted modified orders for affidavit disclosure and enforcement of PTRs.

Court Disposition

Interim injunctive relief granted in modified form; directions for speedy trial given; consent orders approved for second and third defendants.

Orders

  • Interim injunction restraining first and fourth defendants from using, copying, or disclosing claimant's confidential information except as authorised.
  • Order for preservation and delivery up of confidential information and documents.