S v A [2018] EWHC 2144 (Ch) (17 July 2018)

S v A [2018] EWHC 2144 (Ch) (17 July 2018)

On the information before the court, S is more likely than not to succeed in establishing that the NDA prohibits disclosure of the existence of both pre- and post-NDA settlement discussions. Clause 3 of the NDA is a freestanding prohibition on disclosure of the existence or content of discussions, not limited by the definition of Confidential Information or by time. The balance of convenience favours granting interim relief, as damages would not be an adequate remedy and there is a real risk of irreversible prejudice if disclosure is made before trial.

Citation
[2018] EWHC 2144 (Ch)
Parties
Applicant/claimant: S; Respondent/defendant: A
Jurisdiction
England and Wales
Judgment Date
17 July 2018
Procedural Posture
Interim Injunction Application / First Instance, Pre Trial
Outcome
Interim injunction granted
Legal Topics
Non Disclosure Agreements, Interim Injunctions, Confidentiality, Jurisdiction, Interpretation of Contracts
Contract Law Intellectual Property Civil Procedure Non Disclosure Agreements Interim Injunctions Confidentiality Jurisdiction Interpretation of Contracts

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 4 Authorities cited 5 Party arguments 2
Sign in to unlock

Parties

S

Applicant/claimant

A

Respondent/defendant

Procedural Posture

Interim Injunction Application / First Instance, Pre Trial

Legal Issues

  1. 1 Whether the NDA prohibits disclosure of the existence of pre-NDA settlement discussions
  2. 2 Proper construction of the NDA regarding temporal scope of confidentiality obligations
  3. 3 Whether interim injunctive relief should be granted to restrain disclosure

Ratio Decidendi

On the information before the court, S is more likely than not to succeed in establishing that the NDA prohibits disclosure of the existence of both pre- and post-NDA settlement discussions. Clause 3 of the NDA is a freestanding prohibition on disclosure of the existence or content of discussions, not limited by the definition of Confidential Information or by time. The balance of convenience favours granting interim relief, as damages would not be an adequate remedy and there is a real risk of irreversible prejudice if disclosure is made before trial.

Court Disposition

Interim injunction granted

Orders

  • A is restrained from disclosing the existence or content of settlement discussions, including pre-NDA discussions, pending trial or further order.