Aquinas Education Ltd v Miller & Ors

Aquinas Education Ltd v Miller & Ors

The defendants' breaches gave them only a modest and short-lived head start, already neutralized by the existing injunctions; no ongoing springboard injunction is justified, but an injunction restraining use of confidential information is appropriate until trial.

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 / Interlocutory Judgment on Springboard Injunction and Confidential Information
Outcome
Springboard injunction refused; ongoing injunction on confidential information granted until trial.
Legal Topics
Springboard Injunctions, Confidential Information, Breach of Contract, Duty of Fidelity, Restrictive Covenants
Employment Law Commercial Law Springboard Injunctions Confidential Information Breach of Contract Duty of Fidelity Restrictive Covenants

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 / Interlocutory Judgment on Springboard Injunction and Confidential Information

Legal Issues

  1. 1 Whether the claimant is entitled to a springboard injunction and for how long
  2. 2 What confidential information was taken and misused by the defendants
  3. 3 What ongoing protection is appropriate for the claimant's confidential information

Ratio Decidendi

The defendants' breaches gave them only a modest and short-lived head start, already neutralized by the existing injunctions; no ongoing springboard injunction is justified, but an injunction restraining use of confidential information is appropriate until trial.

Court Disposition

Springboard injunction refused; ongoing injunction on confidential information granted until trial.

Orders

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