Mex Group Worldwide Limited v Adam Duthie & Anor

Mex Group Worldwide Limited v Adam Duthie & Anor

No special or significant change of circumstances has occurred since the undertakings were given; undertakings were freely negotiated and accepted in full knowledge of the Scottish proceedings and the likelihood of Mr Duthie giving evidence; the application to vary is dismissed both on the special circumstances test and on an overall merits-based approach.

Parties
Claimant: Mex Group Worldwide Limited; Defendant: Adam Duthie; Defendant: Duthie Consultants Limited
Jurisdiction
England and Wales
Judgment Date
28 March 2025
Procedural Posture
Application / Ruling on Application to Vary Undertakings
Outcome
application dismissed
Legal Topics
Variation of Undertakings, Privilege, Confidential Information, Injunctive Relief
Civil Procedure Confidentiality Contract Law Variation of Undertakings Privilege Confidential Information Injunctive Relief

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Parties

Mex Group Worldwide Limited

Claimant

Adam Duthie

Defendant

Duthie Consultants Limited

Defendant

Procedural Posture

Application / Ruling on Application to Vary Undertakings

Legal Issues

  1. 1 Whether special or significant change of circumstances justifies variation of undertakings
  2. 2 Whether undertakings prevent compliance with Scottish witness summons
  3. 3 Whether court should adopt a merits-based approach to variation

Ratio Decidendi

No special or significant change of circumstances has occurred since the undertakings were given; undertakings were freely negotiated and accepted in full knowledge of the Scottish proceedings and the likelihood of Mr Duthie giving evidence; the application to vary is dismissed both on the special circumstances test and on an overall merits-based approach.

Court Disposition

application dismissed

Orders

  • Application to vary undertakings dismissed.
  • Judgment may be made public.