Caretower Ltd v Posner [2018] EWHC 2455 (QB) (31 August 2018)

Caretower Ltd v Posner [2018] EWHC 2455 (QB) (31 August 2018)

Caretower demonstrated a high degree of assurance that confidential information and restrictive covenants are enforceable and that Mr Posner breached them. Damages are inadequate due to the nature of the business. The balance of convenience favours granting an interim injunction requiring Mr Posner to comply with contractual confidentiality and restrictive covenants.

Citation
[2018] EWHC 2455
Parties
Claimant: Caretower Limited; First Defendant: Jonathan Posner; Second Defendant: Epaton Limited; Third Defendant: NG Security (UK) Limited
Jurisdiction
England and Wales
Judgment Date
31 August 2018
Procedural Posture
Interim Injunction Application / Interlocutory
Outcome
Interim injunction granted against Mr Posner; application against Epaton and NG not ruled upon due to acceptable undertakings.
Legal Topics
Confidential Information, Restrictive Covenants, Interim Injunctions, Restraint of Trade
Employment Law Contract Law Confidential Information Restrictive Covenants Interim Injunctions Restraint of Trade

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Authorities cited 4 Party arguments 2
Sign in to unlock

Parties

Caretower Limited

Claimant

Jonathan Posner

First Defendant

Epaton Limited

Second Defendant

NG Security (UK) Limited

Third Defendant

Procedural Posture

Interim Injunction Application / Interlocutory

Legal Issues

  1. 1 Whether the claimant is entitled to an interim injunction restraining the defendant from breaching contractual confidentiality provisions
  2. 2 Whether the restrictive covenants are enforceable or constitute an unjustified restraint of trade

Ratio Decidendi

Caretower demonstrated a high degree of assurance that confidential information and restrictive covenants are enforceable and that Mr Posner breached them. Damages are inadequate due to the nature of the business. The balance of convenience favours granting an interim injunction requiring Mr Posner to comply with contractual confidentiality and restrictive covenants.

Court Disposition

Interim injunction granted against Mr Posner; application against Epaton and NG not ruled upon due to acceptable undertakings.

Orders

  • Mr Posner required to comply with contractual confidentiality and restrictive covenants (clauses 12 and 18.2.1-18.2.6)
  • Mr Posner required to deliver up Caretower's confidential information and relevant devices to an independent expert