AAA & Anor v CCC [2020] EWCA Civ 846 (07 July 2020)

AAA & Anor v CCC [2020] EWCA Civ 846 (07 July 2020)

The contractual provisions in the SAR and EC were sufficiently clear and enforceable to justify the grant of final injunctions restraining CCC from disclosing confidential information and making adverse or derogatory comments. The information at issue was confidential within the meaning of the SAR, and the terms of...

Source-derived case information.

Citation
[2020] EWCA Civ 846
Parties
Claimant/respondent: AAA; Claimant/respondent: BBB; Defendant/appellant: CCC
Jurisdiction
England and Wales
Judgment Date
07 July 2020
Procedural Posture
Civil Appeal / Appeal From Summary Judgment and Final Injunction in High Court
Outcome
Appeal dismissed save for minor amendments to the injunction order.
Legal Topics
Confidentiality Agreements, Non Disclosure Injunctions, Enforceability of Contractual Terms, Freedom of Expression (article 10 Echr), Employment Compromise Agreements
Contract Law Employment Law Equity Confidentiality Agreements Non Disclosure Injunctions Enforceability of Contractual Terms Freedom of Expression (article 10 Echr) Employment Compromise Agreements

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Summary, issues, holding and outcome

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Parties

AAA

Claimant/respondent

BBB

Claimant/respondent

CCC

Defendant/appellant

Procedural Posture

Civil Appeal / Appeal From Summary Judgment and Final Injunction in High Court

Legal Issues

  1. 1 Whether the contractual provisions in the Settlement Agreement and Release (SAR) and Employee Compromise (EC) justified the grant of final injunctions restraining disclosure of information and adverse comments.
  2. 2 Whether the terms of the injunctions were too vague or uncertain to be enforceable.
  3. 3 Whether BBB could benefit from an injunction based on a contract (EC) to which he was not a party.

Ratio Decidendi

The contractual provisions in the SAR and EC were sufficiently clear and enforceable to justify the grant of final injunctions restraining CCC from disclosing confidential information and making adverse or derogatory comments. The information at issue was confidential within the meaning of the SAR, and the terms of the injunctions, with minor amendments, were not too vague or uncertain. BBB could not independently enforce the EC, but AAA could obtain an injunction for the benefit of its directors and employees. The appeal was dismissed except for minor amendments to the order.

Court Disposition

Appeal dismissed save for minor amendments to the injunction order.

Orders

  • Paragraph 3(c) of the order to be amended to limit protection for BBB to the period he remains a director or employee of AAA.
  • The final part of paragraph 3(d) after 'the release of the Information' to be deleted.