Flowcrete UK Limited & Ors. v Vebro Polymers UK Limited & Ors.

Flowcrete UK Limited & Ors. v Vebro Polymers UK Limited & Ors.

The Defendants failed to establish that the disputed documents were inadvertently disclosed. Even if they had, there was no obvious mistake, and it would be unjust and inequitable to grant injunctive relief. Some documents also disclosed sufficient evidence of unconscionable conduct to justify refusal of relief. The application for wasted costs was also refused as there was no criticism of the Claimants’ solicitors’ conduct.

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 / Interlocutory Application for Injunctive Relief
Outcome
Application dismissed
Legal Topics
Litigation Privilege, Inadvertent Disclosure, Injunctive Relief, Confidential Information, Wasted Costs
Civil Procedure Evidence Employment Law Litigation Privilege Inadvertent Disclosure Injunctive Relief Confidential Information Wasted Costs

Case Brief

Summary, issues, holding and outcome

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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 / Interlocutory Application for Injunctive Relief

Legal Issues

  1. 1 Whether the disputed documents were privileged and inadvertently disclosed
  2. 2 Whether injunctive relief should be granted to restrain use of the documents
  3. 3 Whether the conduct of the parties justified refusal of injunctive relief

Ratio Decidendi

The Defendants failed to establish that the disputed documents were inadvertently disclosed. Even if they had, there was no obvious mistake, and it would be unjust and inequitable to grant injunctive relief. Some documents also disclosed sufficient evidence of unconscionable conduct to justify refusal of relief. The application for wasted costs was also refused as there was no criticism of the Claimants’ solicitors’ conduct.

Court Disposition

Application dismissed

Orders

  • Defendants’ application for injunctive relief in respect of the disputed documents is dismissed.
  • Claimants are granted permission to use the disputed documents.