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
Summary, issues, holding and outcome
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Parties
Pharmagona Ltd.
Claimant
Sayed Mostafa Taheri
1st Defendant
Bahareh Mohammadi
2nd Defendant
Procedural Posture
Civil / Interim Injunction Application
Legal Issues
- 1 Whether an interim injunction should be granted to restrain the Defendants from using or disclosing the Claimant’s confidential information
- 2 Whether the Defendants are entitled to disclose confidential information to public authorities under a public interest defence
- 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.
Full Case Text
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