ID Medical Group Ltd v Unified Medical Ltd & Ors [2018] EWHC 850 (Ch) (17 April 2018)

ID Medical Group Ltd v Unified Medical Ltd & Ors [2018] EWHC 850 (Ch) (17 April 2018)

Expedition of the trial was refused as the case as a whole did not merit it; only the enforceability and duration of interim restrictions might justify expedition, but the majority of the claims (including monetary claims) did not. Directions for service of defences and disclosure were adjusted to allow more time for unrepresented defendants. Half the costs of the interim applications were ordered to be paid by the respondents, with an interim payment of £30,000 to be paid in two instalments, reflecting the partial success and conduct of both parties.

Citation
[2018] EWHC 850 (Ch)
Parties
Applicant/claimant: ID Medical Group Limited; Respondent/defendant: Unified Medical Limited; Respondent/defendant: Robert Agnew; Respondent/defendant: Ross Burton; Respondent/defendant: John Callum Boardman; Respondent/defendant: Benjamin Thompson
Jurisdiction
England and Wales
Judgment Date
17 April 2018
Procedural Posture
Interim Injunction Application in Ongoing Civil Proceedings / Post Interim Hearing, Directions and Costs Order
Outcome
Expedition of trial refused; directions for service of defences and disclosure adjusted; costs order made; interim payment ordered.
Legal Topics
Restrictive Covenants, Breach of Confidence, Springboard Injunctions, Expedition of Trial, Costs Orders, Disclosure, Case Management
Employment Law Commercial Law Civil Procedure Restrictive Covenants Breach of Confidence Springboard Injunctions Expedition of Trial Costs Orders +2 more

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Parties

ID Medical Group Limited

Applicant/claimant

Unified Medical Limited

Respondent/defendant

Robert Agnew

Respondent/defendant

Ross Burton

Respondent/defendant

John Callum Boardman

Respondent/defendant

Benjamin Thompson

Respondent/defendant

Procedural Posture

Interim Injunction Application in Ongoing Civil Proceedings / Post Interim Hearing, Directions and Costs Order

Legal Issues

  1. 1 Whether to grant expedition of trial in a restrictive covenant and breach of confidence dispute
  2. 2 Appropriate directions for service of defences and disclosure
  3. 3 Allocation of costs for interim applications

Ratio Decidendi

Expedition of the trial was refused as the case as a whole did not merit it; only the enforceability and duration of interim restrictions might justify expedition, but the majority of the claims (including monetary claims) did not. Directions for service of defences and disclosure were adjusted to allow more time for unrepresented defendants. Half the costs of the interim applications were ordered to be paid by the respondents, with an interim payment of £30,000 to be paid in two instalments, reflecting the partial success and conduct of both parties.

Court Disposition

Expedition of trial refused; directions for service of defences and disclosure adjusted; costs order made; interim payment ordered.

Orders

  • Defendants to serve Defence within extended period (14 days longer than draft directions) unless expedition application is made.
  • No general order for standard disclosure; only specific disclosure on approval by court.