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 a strong inference of coordinated action and breach of duties. Springboard and confidentiality injunctions are justified on an interim basis to prevent further loss and negate the unfair advantage, pending speedy trial. The relief is proportionate and necessary given the risk of irreparable harm and the inadequacy of damages.

Citation
[2015] EWHC 4142
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.
Legal Topics
Springboard Injunctions, Restrictive Covenants, Confidential Information, Team Moves, Fiduciary Duties, Interim Injunctions
Employment Law Commercial Law Springboard Injunctions Restrictive Covenants Confidential Information Team Moves Fiduciary Duties Interim Injunctions

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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 relief against the first four defendants to prevent them working for Arrow or soliciting customers/employees or competing with Dorma until trial
  2. 2 Whether Dorma is entitled to injunctive relief restraining all five defendants from using Dorma's confidential information
  3. 3 Whether the defendants should 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 a strong inference of coordinated action and breach of duties. Springboard and confidentiality injunctions are justified on an interim basis to prevent further loss and negate the unfair advantage, pending speedy trial. The relief is proportionate and necessary given the risk of irreparable harm and the inadequacy of damages.

Court Disposition

Interim injunctions granted in favour of the claimant.

Orders

  • Springboard injunction granted restraining the first four defendants from soliciting Dorma's customers, poaching employees, and competing with Dorma in specified businesses until trial or further order.
  • Injunction granted restraining all five defendants from using or disclosing Dorma's confidential information, with obligations to return and delete such information.