Awbury Technical Solutions LLC v Karson Management (Bermuda) Ltd [2019] EWHC 233 (Comm) (28 January 2019)

Awbury Technical Solutions LLC v Karson Management (Bermuda) Ltd [2019] EWHC 233 (Comm) (28 January 2019)

Section 12 of the Human Rights Act 1998 was not engaged as the communications at issue were not of a type that engaged the right to freedom of expression; the appropriate test for interim relief was the American Cyanamid test. There was a serious issue to be tried as to breach of confidentiality, damages would not be an adequate remedy for Awbury, and the balance of convenience favoured the grant of an injunction. The existence of a contractual clause recognising irreparable harm and entitlement to injunction was a relevant but not determinative factor.

Citation
[2019] EWHC 233 (Comm)
Parties
Claimant/applicant: Awbury Technical Solutions LLC; Defendant/respondent: Karson Management (Bermuda) Limited
Jurisdiction
England and Wales
Judgment Date
28 January 2019
Procedural Posture
Interim Injunction Application in Commercial Dispute / Hearing of Application for Interim Injunctive Relief
Outcome
Interim injunction granted; costs reserved; permission to appeal refused.
Legal Topics
Interim Injunctions, Confidential Information, Non Disclosure Agreements, Adequacy of Damages, Balance of Convenience, Freedom of Expression (human Rights Act 1998)
Commercial Law Contract Law Equity Interim Injunctions Confidential Information Non Disclosure Agreements Adequacy of Damages Balance of Convenience +1 more

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Parties

Awbury Technical Solutions LLC

Claimant/applicant

Karson Management (Bermuda) Limited

Defendant/respondent

Procedural Posture

Interim Injunction Application in Commercial Dispute / Hearing of Application for Interim Injunctive Relief

Legal Issues

  1. 1 Whether an interim injunction should be granted to restrain use/disclosure of confidential information under an NDA
  2. 2 Whether section 12 of the Human Rights Act 1998 applies to commercial confidential information cases
  3. 3 Effect of contractual clause stipulating entitlement to injunction and irreparable harm

Ratio Decidendi

Section 12 of the Human Rights Act 1998 was not engaged as the communications at issue were not of a type that engaged the right to freedom of expression; the appropriate test for interim relief was the American Cyanamid test. There was a serious issue to be tried as to breach of confidentiality, damages would not be an adequate remedy for Awbury, and the balance of convenience favoured the grant of an injunction. The existence of a contractual clause recognising irreparable harm and entitlement to injunction was a relevant but not determinative factor.

Court Disposition

Interim injunction granted; costs reserved; permission to appeal refused.

Orders

  • Karson to return or put beyond use the Concept Summary and any confidential information derived from it, subject to further submissions as to the precise terms of the order.
  • Costs of the application reserved to the trial judge.