Dellner Woodville Ltd v Blackham

Dellner Woodville Ltd v Blackham

There were no exceptional circumstances in this case to justify requiring the respondent to provide a sworn affidavit detailing use or disclosure of the claimant's documents beyond what was already agreed. The jurisdiction to make such an order is exceptional and not to be exercised routinely. The claimant failed to provide evidence of misuse or special circumstances warranting the disputed orders.

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
Partial grant of interim relief; disputed paragraphs refused.
Legal Topics
Injunctions, Confidentiality Obligations, Employee Duties, Disclosure Orders
Employment Law Confidential Information Civil Procedure Injunctions Confidentiality Obligations Employee Duties Disclosure Orders

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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 compelled to provide a sworn affidavit detailing use or disclosure of claimant's documents beyond confidential information
  2. 2 Whether exceptional circumstances exist to justify an order requiring the respondent to provide evidence of wrongdoing not already in claimant's possession

Ratio Decidendi

There were no exceptional circumstances in this case to justify requiring the respondent to provide a sworn affidavit detailing use or disclosure of the claimant's documents beyond what was already agreed. The jurisdiction to make such an order is exceptional and not to be exercised routinely. The claimant failed to provide evidence of misuse or special circumstances warranting the disputed orders.

Court Disposition

Partial grant of interim relief; disputed paragraphs refused.

Orders

  • Respondent to deliver up any property of the claimant in his possession or control by 4.30pm on 17 January 2012.
  • If property exists only in computer readable form, respondent to provide printouts or electronic copies by 4.30pm on 17 January 2012.