Pharmagona Ltd v Taheri & Anor

Pharmagona Ltd v Taheri & Anor

The Claimant is likely to succeed at trial in restraining publication of confidential information to the world at large, but not in restraining disclosure to relevant public authorities. An injunction is granted with a proviso permitting the Defendants to respond to requests from public authorities. Orders for delivery up or destruction are refused.

Parties
Claimant: Pharmagona Ltd.; 1st Defendant: Sayed Mostafa Taheri; 2nd Defendant: Bahareh Mohammadi
Jurisdiction
England and Wales
Judgment Date
17 February 2020
Procedural Posture
Civil / Interim Injunction Application
Outcome
Interim injunction granted with proviso; application for delivery up or destruction refused.
Legal Topics
Interim Injunctions, Confidential Information, Public Interest Defence, Freedom of Expression, Whistleblowing

Case Brief

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Parties

Pharmagona Ltd.

Claimant

Sayed Mostafa Taheri

1st Defendant

Bahareh Mohammadi

2nd Defendant

Procedural Posture

Civil / Interim Injunction Application

  1. 1 Whether an interim injunction should be granted to restrain the Defendants from using or disclosing the Claimant’s confidential information
  2. 2 Whether the Defendants are entitled to disclose confidential information to public authorities under a public interest defence
  3. 3 Whether the Claimant is entitled to orders for delivery up or destruction of confidential information

Ratio Decidendi

The Claimant is likely to succeed at trial in restraining publication of confidential information to the world at large, but not in restraining disclosure to relevant public authorities. An injunction is granted with a proviso permitting the Defendants to respond to requests from public authorities. Orders for delivery up or destruction are refused.

Court Disposition

Interim injunction granted with proviso; application for delivery up or destruction refused.

Orders

  • Injunction restraining Defendants from using or disclosing Claimant’s confidential information, except to respond to requests from public authorities.
  • Refusal of orders for delivery up or destruction of confidential information.