AMOB Machinery Ltd v Smith-Hughes & Ors [2022] EWHC 1410 (QB) (01 June 2022)

Application for interim injunctive relief dismissed due to inordinate and unexplained delay, lack of evidence of ongoing unlawful advantage, adequacy of damages as remedy, and balance of convenience favouring preservation of status quo; springboard relief not justified as any competitive advantage had been extinguished.

Citation: [2022] EWHC 1410 (QB)
Parties: Claimant: AMOB Machinery Limited; First Defendant: Andrew Smith-Hughes; Second Defendant: Luis Manuel Margues de Oliviera Barros; Third Defendant: VLB Group UK Limited
Jurisdiction: England and Wales
Judgment Date: 01 June 2022
Procedural Posture: Interim Injunction Application / High Court, Queen's Bench Division, Pre Trial
Outcome: Application dismissed
Legal Topics: Springboard Injunction, Breach of Confidence, Database Right, Fiduciary Duty, Unlawful Means Conspiracy, Interim Relief

Employment Law Commercial Law Intellectual Property Springboard Injunction Breach of Confidence Database Right Fiduciary Duty Unlawful Means Conspiracy +1 more

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Parties

AMOB Machinery Limited

Claimant

Andrew Smith-Hughes

First Defendant

Luis Manuel Margues de Oliviera Barros

Second Defendant

VLB Group UK Limited

Third Defendant

Procedural Posture

Interim Injunction Application / High Court, Queen's Bench Division, Pre Trial

Legal Issues

1 Whether interim injunctive relief (including springboard relief) should be granted against the defendants for alleged misuse of confidential information and breach of database right
2 Whether delay in seeking relief bars the grant of injunction
3 Adequacy of damages as remedy

Ratio Decidendi

Court Disposition

Application dismissed