Arthur J Gallagher Services (UK) Ltd And Ors v Alexandre Skriptchenko And Ors [2016] EWHC 603 (QB) (11 February 2016)

Arthur J Gallagher Services (UK) Ltd And Ors v Alexandre Skriptchenko And Ors [2016] EWHC 603 (QB) (11 February 2016)

Given the defendants' admissions and the evidence of misuse of confidential information, the court is satisfied to a high degree of assurance that the claimants will establish their claim at trial. Damages are inadequate, and the balance of convenience favours granting mandatory interim relief to protect the claimants' confidential information. The order is structured to minimise risk to the defendants' own confidential information and to preserve deleted material for potential restoration.

Citation
[2016] EWHC 603
Parties
Claimant: Arthur J Gallagher Services (UK) Ltd and Ors; Defendant: Alexandre Skriptchenko and Ors
Jurisdiction
England and Wales
Judgment Date
11 February 2016
Procedural Posture
Interim Application in Civil Proceedings / Interlocutory (application for Interim Relief)
Outcome
Interim mandatory injunction granted
Legal Topics
Interim Injunctions, Breach of Confidence, Misuse of Confidential Information, Mandatory Orders, Electronic Evidence
Civil Procedure Employment Law Commercial Law Interim Injunctions Breach of Confidence Misuse of Confidential Information Mandatory Orders Electronic Evidence

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Parties

Arthur J Gallagher Services (UK) Ltd and Ors

Claimant

Alexandre Skriptchenko and Ors

Defendant

Procedural Posture

Interim Application in Civil Proceedings / Interlocutory (application for Interim Relief)

Legal Issues

  1. 1 Whether the court should grant a mandatory interim injunction requiring delivery up, imaging, search, and destruction of confidential information on defendants' electronic devices
  2. 2 Whether damages are an adequate remedy for misuse of confidential information
  3. 3 Whether the balance of convenience favours granting the interim relief sought

Ratio Decidendi

Given the defendants' admissions and the evidence of misuse of confidential information, the court is satisfied to a high degree of assurance that the claimants will establish their claim at trial. Damages are inadequate, and the balance of convenience favours granting mandatory interim relief to protect the claimants' confidential information. The order is structured to minimise risk to the defendants' own confidential information and to preserve deleted material for potential restoration.

Court Disposition

Interim mandatory injunction granted

Orders

  • Defendants to deliver up electronic devices to an external expert appointed by them for imaging and search.
  • Expert to search devices using agreed terms for claimants' confidential information.