Intercall Conferencing Services Ltd v Steer [2007] EWHC 519 (QB) (15 March 2007)

Intercall Conferencing Services Ltd v Steer [2007] EWHC 519 (QB) (15 March 2007)

The Defendant was exposed to confidential information and trade secrets during his employment, and there is a real risk of inadvertent breach if he works for a competitor. The non-competition clause is reasonable in scope and duration, and the balance of convenience favours granting an interim injunction to protect the Claimant's legitimate interests until trial.

Citation
[2007] EWHC 519
Parties
Claimant/applicant: Intercall Conferencing Services Limited; Defendant/respondent: Andrew Steer
Jurisdiction
England and Wales
Judgment Date
15 March 2007
Procedural Posture
Interim Injunction Application / Interlocutory (pre Trial)
Outcome
Interim injunction granted
Legal Topics
Restrictive Covenants, Confidential Information, Interim Injunctions, Non Competition Clauses
Employment Law Contract Law Restrictive Covenants Confidential Information Interim Injunctions Non Competition Clauses

Case Brief

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Parties

Intercall Conferencing Services Limited

Claimant/applicant

Andrew Steer

Defendant/respondent

Procedural Posture

Interim Injunction Application / Interlocutory (pre Trial)

Legal Issues

  1. 1 Whether the non-competition clause is enforceable and reasonable in scope and duration
  2. 2 Whether the Claimant has a legitimate business interest requiring protection
  3. 3 Whether the Defendant poses a real risk of breaching confidentiality, even inadvertently

Ratio Decidendi

The Defendant was exposed to confidential information and trade secrets during his employment, and there is a real risk of inadvertent breach if he works for a competitor. The non-competition clause is reasonable in scope and duration, and the balance of convenience favours granting an interim injunction to protect the Claimant's legitimate interests until trial.

Court Disposition

Interim injunction granted

Orders

  • Defendant restrained from working with named competitors, including Premiere Global Services Inc., until 18 August 2007 or further order
  • Defendant restrained from divulging confidential information or trade secrets of the Claimant