Mex Group Worldwide Ltd v Duthei & Anor [2025] EWHC 426 (KB) (14 February 2025)

Mex Group Worldwide Ltd v Duthei & Anor [2025] EWHC 426 (KB) (14 February 2025)

No special or significant change of circumstance has occurred since the undertakings were given; the undertakings were freely negotiated and accepted with full knowledge of the Scottish proceedings and the likelihood of Mr Duthie being called as a witness; the application to vary is therefore dismissed both on the requirement for special circumstances and, alternatively, on an overall merits-based approach.

Citation
[2025] EWHC 426 (KB)
Parties
Claimant: Mex Group Worldwide Limited; Defendant: Adam Duthie; Defendant: Duthie Consultants Limited
Jurisdiction
England and Wales
Judgment Date
14 February 2025
Procedural Posture
Interlocutory Application in Civil Proceedings / Application to Vary Undertakings Pending Trial
Outcome
Application dismissed
Legal Topics
Variation of Undertakings, Confidential Information, Duties of Former Counsel, Privilege, Freezing Orders, Interim Injunctions
Civil Procedure Contract Law Confidentiality Legal Ethics Variation of Undertakings Confidential Information Duties of Former Counsel Privilege +2 more

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Parties

Mex Group Worldwide Limited

Claimant

Adam Duthie

Defendant

Duthie Consultants Limited

Defendant

Procedural Posture

Interlocutory Application in Civil Proceedings / Application to Vary Undertakings Pending Trial

Legal Issues

  1. 1 Whether special or significant circumstances justify variation of undertakings restricting use/disclosure of confidential information and participation in related proceedings
  2. 2 Whether the court should adopt a merits-based approach to varying undertakings

Ratio Decidendi

No special or significant change of circumstance has occurred since the undertakings were given; the undertakings were freely negotiated and accepted with full knowledge of the Scottish proceedings and the likelihood of Mr Duthie being called as a witness; the application to vary is therefore dismissed both on the requirement for special circumstances and, alternatively, on an overall merits-based approach.

Court Disposition

Application dismissed

Orders

  • Defendants' application to vary undertakings refused