Dorma UK Ltd v Bateman & Ors

Dorma UK Ltd v Bateman & Ors

There is a serious issue to be tried and a strong inference of an unlawful team move and misuse of confidential information by the defendants. The claimant is entitled to springboard and confidentiality injunctions in terms mirroring the first defendant's post-termination restrictions, as well as an injunction restraining the first defendant from breaching restrictive covenants. The relief is proportionate to negate the unfair advantage gained. The request for affidavit evidence is refused as unnecessary at this stage.

Parties
Claimant: Dorma UK Limited; First Defendant: Chris Bateman; Second Defendant: Paul Bailey; Third Defendant: Chloe Power; Fourth Defendant: Holly Morton; Fifth Defendant: Arrow Industrial Limited
Jurisdiction
England and Wales
Judgment Date
09 October 2015
Procedural Posture
Interlocutory Application (injunction) in Employment/commercial Dispute / Interim Relief (pre Trial)
Outcome
Springboard and confidentiality injunctions granted against the first four defendants; confidentiality injunction granted against the fifth defendant; injunction granted restraining the first defendant from breaching restrictive covenants; order for affidavit evidence refused; Arrow to give undertaking not to induce...
Legal Topics
Restrictive Covenants, Springboard Injunctions, Confidential Information, Team Moves, Fiduciary Duties, Restraint of Trade
Employment Law Commercial Law Equity Restrictive Covenants Springboard Injunctions Confidential Information Team Moves Fiduciary Duties +1 more

Case Brief

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Parties

Dorma UK Limited

Claimant

Chris Bateman

First Defendant

Paul Bailey

Second Defendant

Chloe Power

Third Defendant

Holly Morton

Fourth Defendant

Arrow Industrial Limited

Fifth Defendant

Procedural Posture

Interlocutory Application (injunction) in Employment/commercial Dispute / Interim Relief (pre Trial)

Legal Issues

  1. 1 Whether the claimant is entitled to springboard injunctive relief against the defendants for alleged unlawful team move and misuse of confidential information
  2. 2 Whether the first defendant should be restrained from breaching restrictive covenants in his employment contract
  3. 3 Whether all defendants should be restrained from using or disclosing Dorma's confidential information

Ratio Decidendi

There is a serious issue to be tried and a strong inference of an unlawful team move and misuse of confidential information by the defendants. The claimant is entitled to springboard and confidentiality injunctions in terms mirroring the first defendant's post-termination restrictions, as well as an injunction restraining the first defendant from breaching restrictive covenants. The relief is proportionate to negate the unfair advantage gained. The request for affidavit evidence is refused as unnecessary at this stage.

Court Disposition

Springboard and confidentiality injunctions granted against the first four defendants; confidentiality injunction granted against the fifth defendant; injunction granted restraining the first defendant from breaching restrictive covenants; order for affidavit evidence refused; Arrow to give undertaking not to induce...

Orders

  • Springboard injunction restraining the first four defendants from soliciting Dorma's customers, poaching employees, or competing in specified business areas until trial or further order.
  • Confidentiality injunction restraining all five defendants from using or disclosing Dorma's confidential information and requiring return and deletion of such information.