Flowcrete UK Ltd & Ors v Vebro Polymers UK Ltd & Ors [2023] EWHC 22 (Comm) (11 January 2023)

Flowcrete UK Ltd & Ors v Vebro Polymers UK Ltd & Ors [2023] EWHC 22 (Comm) (11 January 2023)

The Defendants failed to establish that the Disputed Documents were inadvertently disclosed. Even if they had, the disclosure was not an obvious mistake, and it would not be just or equitable to grant injunctive relief. The Claimants are permitted to use the Disputed Documents. No wasted costs order is justified against the Claimants' solicitors.

Citation
[2023] EWHC 22 (Comm)
Parties
Claimant/respondent: Flowcrete UK Limited; Claimant/respondent: Flowcrete Group Limited; Claimant/respondent: Tremco CPG UK Limited; Defendant/applicant: Vebro Polymers UK Limited; Defendant/applicant: Vebro Polymers Holdings Limited; Defendant/applicant: John Watson; Defendant/applicant: Robert Gray
Jurisdiction
England and Wales
Judgment Date
11 January 2023
Procedural Posture
Commercial Court Application Within Ongoing Litigation / Interlocutory Application for Injunctive Relief Regarding Use of Allegedly Privileged Documents
Outcome
Defendants' application for injunctive relief dismissed; Claimants granted permission to use the Disputed Documents; no wasted costs order made.
Legal Topics
Litigation Privilege, Inadvertent Disclosure, Injunctive Relief, Confidential Information, Springboard Injunctions, Wasted Costs
Civil Procedure Commercial Law Employment Law Litigation Privilege Inadvertent Disclosure Injunctive Relief Confidential Information Springboard Injunctions +1 more

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Parties

Flowcrete UK Limited

Claimant/respondent

Flowcrete Group Limited

Claimant/respondent

Tremco CPG UK Limited

Claimant/respondent

Vebro Polymers UK Limited

Defendant/applicant

Vebro Polymers Holdings Limited

Defendant/applicant

John Watson

Defendant/applicant

Robert Gray

Defendant/applicant

Procedural Posture

Commercial Court Application Within Ongoing Litigation / Interlocutory Application for Injunctive Relief Regarding Use of Allegedly Privileged Documents

Legal Issues

  1. 1 Whether the Disputed Documents were covered by litigation privilege
  2. 2 Whether the Disputed Documents were inadvertently disclosed
  3. 3 Whether injunctive relief should be granted to restrain use of the Disputed Documents

Ratio Decidendi

The Defendants failed to establish that the Disputed Documents were inadvertently disclosed. Even if they had, the disclosure was not an obvious mistake, and it would not be just or equitable to grant injunctive relief. The Claimants are permitted to use the Disputed Documents. No wasted costs order is justified against the Claimants' solicitors.

Court Disposition

Defendants' application for injunctive relief dismissed; Claimants granted permission to use the Disputed Documents; no wasted costs order made.

Orders

  • Defendants' application for injunctive relief refused.
  • Claimants permitted to use the Disputed Documents.