Aquinas Education Ltd v Miller & Ors [2018] EWHC 404 (QB) (02 March 2018)

Aquinas Education Ltd v Miller & Ors [2018] EWHC 404 (QB) (02 March 2018)

The court found that although the defendants had obtained a modest head start by misusing confidential information and breaching their duties, the advantage was limited to approximately six weeks and had already been neutralized by the interim orders in place; thus, no further springboard injunction was justified.

Citation
[2018] EWHC 404 (QB)
Parties
Claimant: Aquinas Education Limited; First Defendant: Dorian Miller; Second Defendant: Max Pembleton; Third Defendant: Charles Anthony Gatter; Fourth Defendant: Link3 Recruitment Limited
Jurisdiction
England and Wales
Judgment Date
02 March 2018
Procedural Posture
Interim Application for Injunction (springboard and Confidential Information) / Interlocutory (pre Trial)
Outcome
Springboard injunction refused; ongoing injunction restraining use of confidential information continued until trial or further order.
Legal Topics
Springboard Injunctions, Breach of Confidence, Breach of Contract, Employee Duties, Restrictive Covenants, Interim Relief
Employment Law Contract Law Equity Springboard Injunctions Breach of Confidence Breach of Contract Employee Duties Restrictive Covenants +1 more

Case Brief

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Parties

Aquinas Education Limited

Claimant

Dorian Miller

First Defendant

Max Pembleton

Second Defendant

Charles Anthony Gatter

Third Defendant

Link3 Recruitment Limited

Fourth Defendant

Procedural Posture

Interim Application for Injunction (springboard and Confidential Information) / Interlocutory (pre Trial)

Legal Issues

  1. 1 Whether the claimant is entitled to a springboard injunction and for what period
  2. 2 Whether the defendants misused confidential information and breached contractual and fiduciary duties
  3. 3 What is the appropriate ongoing protection for confidential information

Ratio Decidendi

The court found that although the defendants had obtained a modest head start by misusing confidential information and breaching their duties, the advantage was limited to approximately six weeks and had already been neutralized by the interim orders in place; thus, no further springboard injunction was justified.

Court Disposition

Springboard injunction refused; ongoing injunction restraining use of confidential information continued until trial or further order.

Orders

  • Defendants enjoined from using or disclosing confidential information as defined by contract and schedule until trial or further order.
  • No further springboard injunction granted.