S v A

S v A

The NDA, properly construed, prohibits disclosure of the existence of settlement discussions both before and after its effective date. Clause 3 of the NDA is a freestanding prohibition not limited by the definition of Confidential Information and is not restricted to post-NDA discussions. S is more likely than not to succeed at trial on this construction. The balance of convenience and risk of irreparable harm to S justify granting the interim injunction.

Parties
Applicant/claimant: S; Respondent/defendant: A
Jurisdiction
England and Wales
Judgment Date
17 July 2018
Procedural Posture
Interim Application / Ruling on Application for Interim Injunction
Outcome
Interim injunction granted
Legal Topics
Non Disclosure Agreements, Interim Injunctions, Confidentiality, Jurisdiction, Settlement Negotiations
Contract Law Intellectual Property Non Disclosure Agreements Interim Injunctions Confidentiality Jurisdiction Settlement Negotiations

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Parties

S

Applicant/claimant

A

Respondent/defendant

Procedural Posture

Interim Application / Ruling on Application for Interim Injunction

Legal Issues

  1. 1 Whether the NDA prohibits disclosure of the existence of settlement discussions prior to its effective date
  2. 2 Whether S is entitled to an interim injunction restraining A from disclosing information allegedly protected by the NDA

Ratio Decidendi

The NDA, properly construed, prohibits disclosure of the existence of settlement discussions both before and after its effective date. Clause 3 of the NDA is a freestanding prohibition not limited by the definition of Confidential Information and is not restricted to post-NDA discussions. S is more likely than not to succeed at trial on this construction. The balance of convenience and risk of irreparable harm to S justify granting the interim injunction.

Court Disposition

Interim injunction granted

Orders

  • A is restrained from disclosing the existence of settlement discussions protected by the NDA pending trial.