M&E Global (Staffing) Solutions Ltd & Anor v Tudge & Ors [2016] EWHC 597 (QB) (17 March 2016)

M&E Global (Staffing) Solutions Ltd & Anor v Tudge & Ors [2016] EWHC 597 (QB) (17 March 2016)

The restrictive covenant is enforceable as it protects a legitimate business interest and is no wider than reasonably necessary; there is a serious issue to be tried regarding misuse of confidential information; springboard relief is justified to prevent unfair advantage; damages would not be an adequate remedy; the balance of convenience favours granting the interim orders.

Citation
[2016] EWHC 597
Parties
Applicant/claimant: M&E Global (Staffing) Solutions Limited; Applicant/claimant: M&E Global Resources Limited; Respondent/defendant: Mr Russell Tudge; Respondent/defendant: Mr Johnny Oaks; Respondent/defendant: Mr Stuart McIntosh; Respondent/defendant: Mr Michael Kobicke; Respondent/defendant: DSG Service Gesellschaft mbH; Respondent/defendant: DSG Personal Services GmbH; Respondent/defendant: J&M Maintenance & Logistics Services Limited
Jurisdiction
England and Wales
Judgment Date
17 March 2016
Procedural Posture
Interim Application for Injunctive Relief / Post Hearing, Judgment on Interim Relief
Outcome
Interim relief granted; agreed order and directions for speedy trial approved.
Legal Topics
Restrictive Covenants, Confidential Information, Springboard Relief, Interim Injunctions, Employee Duties, Trade Secrets
Employment Law Commercial Law Restrictive Covenants Confidential Information Springboard Relief Interim Injunctions Employee Duties Trade Secrets

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 5 Authorities cited 9 Party arguments 2 Amounts and remedies 4
Sign in to unlock

Parties

M&E Global (Staffing) Solutions Limited

Applicant/claimant

M&E Global Resources Limited

Applicant/claimant

Mr Russell Tudge

Respondent/defendant

Mr Johnny Oaks

Respondent/defendant

Mr Stuart McIntosh

Respondent/defendant

Mr Michael Kobicke

Respondent/defendant

DSG Service Gesellschaft mbH

Respondent/defendant

DSG Personal Services GmbH

Respondent/defendant

J&M Maintenance & Logistics Services Limited

Respondent/defendant

Procedural Posture

Interim Application for Injunctive Relief / Post Hearing, Judgment on Interim Relief

Legal Issues

  1. 1 Whether the restrictive covenant in Mr Tudge's contract is enforceable
  2. 2 Whether confidential information was misused by the defendants
  3. 3 Whether springboard relief is justified

Ratio Decidendi

The restrictive covenant is enforceable as it protects a legitimate business interest and is no wider than reasonably necessary; there is a serious issue to be tried regarding misuse of confidential information; springboard relief is justified to prevent unfair advantage; damages would not be an adequate remedy; the balance of convenience favours granting the interim orders.

Court Disposition

Interim relief granted; agreed order and directions for speedy trial approved.

Orders

  • Enforcement of remaining period of restrictive covenant against Mr Tudge
  • Delivery up and deletion of confidential information by defendants