Sinclair Pharmaceuticals Limited v Jayne Katherine Burrell & Anor

Sinclair Pharmaceuticals Limited v Jayne Katherine Burrell & Anor

The without notice injunction obtained by the Claimant was set aside due to lack of adequate justification for proceeding without notice and failure to provide even informal notice to the Defendants. The High Court is not the appropriate forum for determining the core privilege/iniquity issues, which are best tried in the Employment Tribunal. Interim relief is unnecessary if Defendants provide undertakings not to read or use the confidential materials except as permitted by the Employment Tribunal. The Claimant is not entitled to further interim relief or a speedy trial in the High Court. Costs should reflect the public interest in discouraging inappropriate use of the without notice...

Parties
Claimant: Sinclair Pharmaceuticals Limited; First Defendant: Ms Jayne Katherine Burrell; Second Defendant: Mr James Perry
Jurisdiction
England and Wales
Judgment Date
27 June 2025
Procedural Posture
High Court Civil Claim / Ruling on Applications to Set Aside Without Notice Injunction, Interim Relief, and Directions
Outcome
Goose J Order set aside; interim relief denied subject to undertakings; no speedy trial ordered; directions and stay to be determined.
Legal Topics
Legal Professional Privilege, Breach of Confidence, Interim Injunctions, Without Notice Applications, Employment Tribunal Proceedings, Costs, Relief From Sanction
Employment Law Civil Procedure Confidentiality Legal Professional Privilege Breach of Confidence Interim Injunctions Without Notice Applications Employment Tribunal Proceedings +2 more

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Parties

Sinclair Pharmaceuticals Limited

Claimant

Ms Jayne Katherine Burrell

First Defendant

Mr James Perry

Second Defendant

Procedural Posture

High Court Civil Claim / Ruling on Applications to Set Aside Without Notice Injunction, Interim Relief, and Directions

Legal Issues

  1. 1 Whether the without notice injunction obtained by the Claimant should be set aside for lack of notice and failure of full and frank disclosure
  2. 2 Whether interim relief should be granted to preserve confidential information pending Employment Tribunal proceedings
  3. 3 Whether the Employment Tribunal or High Court is the proper forum for determining iniquity and privilege issues

Ratio Decidendi

The without notice injunction obtained by the Claimant was set aside due to lack of adequate justification for proceeding without notice and failure to provide even informal notice to the Defendants. The High Court is not the appropriate forum for determining the core privilege/iniquity issues, which are best tried in the Employment Tribunal. Interim relief is unnecessary if Defendants provide undertakings not to read or use the confidential materials except as permitted by the Employment Tribunal. The Claimant is not entitled to further interim relief or a speedy trial in the High Court. Costs should reflect the public interest in discouraging inappropriate use of the without notice...

Court Disposition

Goose J Order set aside; interim relief denied subject to undertakings; no speedy trial ordered; directions and stay to be determined.

Orders

  • Goose J Order set aside
  • Defendants to provide undertakings not to read or use 1 May Materials except as permitted by Employment Tribunal