White Digital Media Ltd v Weaver & Anor

White Digital Media Ltd v Weaver & Anor

The restrictive covenants in the Deed were unenforceable for being too wide and imprecise, particularly regarding employment of 'Critical Persons' and approaching customers. The Claimant failed to show a real risk of future breach of confidentiality, and the information was either no longer confidential or not sufficiently identified. Only orders not opposed by Defendants were granted.

Parties
Claimant: White Digital Media Ltd; First Defendant: Ben Weaver; Second Defendant: Outlook Publishing Ltd
Jurisdiction
England and Wales
Judgment Date
18 June 2013
Procedural Posture
Civil / Interlocutory Application for Interim Injunction
Outcome
Interim injunction refused except for orders not opposed by Defendants.
Legal Topics
Restrictive Covenants, Non Compete Clauses, Breach of Confidence, Interim Injunctions
Employment Law Contract Law Confidential Information Restrictive Covenants Non Compete Clauses Breach of Confidence Interim Injunctions

Case Brief

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Parties

White Digital Media Ltd

Claimant

Ben Weaver

First Defendant

Outlook Publishing Ltd

Second Defendant

Procedural Posture

Civil / Interlocutory Application for Interim Injunction

Legal Issues

  1. 1 Whether restrictive covenants in the Deed are enforceable
  2. 2 Whether the Defendants breached confidentiality obligations
  3. 3 Whether an interim injunction should be granted

Ratio Decidendi

The restrictive covenants in the Deed were unenforceable for being too wide and imprecise, particularly regarding employment of 'Critical Persons' and approaching customers. The Claimant failed to show a real risk of future breach of confidentiality, and the information was either no longer confidential or not sufficiently identified. Only orders not opposed by Defendants were granted.

Court Disposition

Interim injunction refused except for orders not opposed by Defendants.

Orders

  • First Defendant to make affidavit explaining documents and information copied or transferred, their use, and whereabouts.
  • Directions for further progress of the action to be agreed by parties.