Awbury Technical Solutions LLC v Karson Management (Bermuda) Ltd

Awbury Technical Solutions LLC v Karson Management (Bermuda) Ltd

Section 12 of the Human Rights Act 1998 does not apply to the present commercial dispute as the relief sought does not affect freedom of expression. The American Cyanamid test governs the grant of interim injunctions. There is a serious issue to be tried regarding threatened misuse of confidential information, damages would not be an adequate remedy, and the balance of convenience favours the grant of an injunction. Contractual provisions regarding entitlement to injunction are relevant but not determinative.

Parties
Claimant/applicant: Awbury Technical Solutions LLC; Defendant/respondent: Karson Management (Bermuda) Limited
Jurisdiction
England and Wales
Judgment Date
28 January 2019
Procedural Posture
Commercial Court Interim Injunction Application / Interlocutory (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)
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

Commercial Court Interim Injunction Application / Interlocutory (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 clauses stipulating entitlement to injunction and irreparable harm

Ratio Decidendi

Section 12 of the Human Rights Act 1998 does not apply to the present commercial dispute as the relief sought does not affect freedom of expression. The American Cyanamid test governs the grant of interim injunctions. There is a serious issue to be tried regarding threatened misuse of confidential information, damages would not be an adequate remedy, and the balance of convenience favours the grant of an injunction. Contractual provisions regarding entitlement to injunction are relevant but not determinative.

Court Disposition

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

Orders

  • Karson to return or delete the Concept Summary and not use confidential information derived from it, subject to clarification of the order's terms.
  • Costs of the application reserved to the trial judge.