Dellner Woodville Ltd v Blackham [2012] EWHC 1739 (QB) (13 January 2012)

Dellner Woodville Ltd v Blackham [2012] EWHC 1739 (QB) (13 January 2012)

There are no exceptional circumstances in this case to justify the disputed affidavit and disclosure orders; the claimant has not produced evidence of misuse, and the court's exceptional jurisdiction should not be exercised routinely.

Citation
[2012] EWHC 1739
Parties
Applicant/claimant: Dellner Woodville Limited; Respondent/defendant: John Blackham
Jurisdiction
England and Wales
Judgment Date
13 January 2012
Procedural Posture
Interlocutory Application for Injunction / Ruling on Disputed and Undisputed Terms of Interim Order
Outcome
Application granted in part; disputed paragraphs refused.
Legal Topics
Garden Leave, Confidential Information, Interim Injunctions, Disclosure Obligations
Employment Law Confidential Information Civil Procedure Garden Leave Interim Injunctions Disclosure Obligations

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Parties

Dellner Woodville Limited

Applicant/claimant

John Blackham

Respondent/defendant

Procedural Posture

Interlocutory Application for Injunction / Ruling on Disputed and Undisputed Terms of Interim Order

Legal Issues

  1. 1 Whether the respondent should be ordered to provide a sworn affidavit detailing use and disclosure of claimant's documents
  2. 2 Whether exceptional circumstances exist to justify an order requiring the respondent to provide evidence of wrongdoing not already obtained by the claimant

Ratio Decidendi

There are no exceptional circumstances in this case to justify the disputed affidavit and disclosure orders; the claimant has not produced evidence of misuse, and the court's exceptional jurisdiction should not be exercised routinely.

Court Disposition

Application granted in part; disputed paragraphs refused.

Orders

  • Respondent must deliver up claimant's property by 17 January 2012.
  • Respondent must print or copy electronic documents and deliver to claimant's solicitors by 17 January 2012.