Dorma UK Ltd v Bateman & Ors [2015] EWHC 4142 (QB) (09 October 2015)

Dorma UK Ltd v Bateman & Ors [2015] EWHC 4142 (QB) (09 October 2015)

There is a serious issue to be tried as to whether the defendants engaged in an unlawful team move and misused confidential information, conferring an unfair competitive advantage on Arrow. The evidence supports the grant of interim springboard and confidentiality injunctions in terms mirroring the first defendant's post-termination restrictions, as well as orders for the return and non-use of confidential information, pending a speedy trial. The relief is proportionate to negate the ongoing unfair advantage and protect Dorma's interests.

Citation
[2015] EWHC 4142 (QB)
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
Interim Application for Injunctive Relief / Interlocutory (pre Trial)
Outcome
Interim injunctions granted in favour of the claimant, subject to refinements and undertakings as discussed.
Legal Topics
Springboard Injunctions, Restrictive Covenants, Confidential Information, Team Moves, Fiduciary Duties
Employment Law Commercial Law Springboard Injunctions Restrictive Covenants Confidential Information Team Moves Fiduciary Duties

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

Interim Application for Injunctive Relief / Interlocutory (pre Trial)

Legal Issues

  1. 1 Whether Dorma is entitled to springboard injunctive relief against the first four defendants to prevent unfair competition pending trial
  2. 2 Whether Dorma is entitled to injunctive relief restraining all defendants from using or disclosing confidential information
  3. 3 Whether the defendants should be required to confirm by affidavit any use of Dorma's confidential information

Ratio Decidendi

There is a serious issue to be tried as to whether the defendants engaged in an unlawful team move and misused confidential information, conferring an unfair competitive advantage on Arrow. The evidence supports the grant of interim springboard and confidentiality injunctions in terms mirroring the first defendant's post-termination restrictions, as well as orders for the return and non-use of confidential information, pending a speedy trial. The relief is proportionate to negate the ongoing unfair advantage and protect Dorma's interests.

Court Disposition

Interim injunctions granted in favour of the claimant, subject to refinements and undertakings as discussed.

Orders

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