White Digital Media Ltd v Weaver & Anor [2013] EWHC 1681 (QB) (18 June 2013)

White Digital Media Ltd v Weaver & Anor [2013] EWHC 1681 (QB) (18 June 2013)

The restrictive covenants in the Non-Compete Deed are unenforceable for being too wide and vague, and contrary to public policy; the claim for breach of confidentiality is not sufficiently precise to warrant an injunction, as much information is no longer confidential or cannot be clearly identified.

Citation
[2013] EWHC 1681
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
Interim Injunction Application / Interlocutory Hearing
Outcome
Interim injunction refused except for orders not opposed by defendants.
Legal Topics
Restrictive Covenants, Confidential Information, Interim Injunctions, Non Compete Clauses
Employment Law Contract Law Restrictive Covenants Confidential Information Interim Injunctions Non Compete Clauses

Case Brief

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Parties

White Digital Media Ltd

Claimant

Ben Weaver

First Defendant

Outlook Publishing Ltd

Second Defendant

Procedural Posture

Interim Injunction Application / Interlocutory Hearing

Legal Issues

  1. 1 Are the restrictive covenants in the Non-Compete Deed enforceable?
  2. 2 Is there a breach of confidentiality by the defendants?
  3. 3 Should an interim injunction be granted to restrain employment of certain individuals and use of confidential information?

Ratio Decidendi

The restrictive covenants in the Non-Compete Deed are unenforceable for being too wide and vague, and contrary to public policy; the claim for breach of confidentiality is not sufficiently precise to warrant an injunction, as much information is no longer confidential or cannot be clearly identified.

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.
  • No injunction granted restraining employment, customer approach, or use of confidential information.