Gold & Anor v Cox & Anor [2012] EWHC 272 (QB) (17 February 2012)

Gold & Anor v Cox & Anor [2012] EWHC 272 (QB) (17 February 2012)

There is a strong arguable case that both defendants are bound by duties of confidentiality (express and/or implied) and privacy, and there is a real risk of breach if not restrained; therefore, an interlocutory injunction is justified pending a full hearing.

Citation
[2012] EWHC 272
Parties
Claimant: Jacqueline Gold; Claimant: Ann Summers Ltd; Defendant: Allison Cox; Defendant: Leanne Bingham
Jurisdiction
England and Wales
Judgment Date
17 February 2012
Procedural Posture
Injunction Application / Interlocutory (part Heard, Adjourned)
Outcome
Interlocutory injunction granted (part-heard, adjourned)
Legal Topics
Confidentiality, Injunctions, Employee Duties, Privacy, Interim Relief

Case Brief

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Parties

Jacqueline Gold

Claimant

Ann Summers Ltd

Claimant

Allison Cox

Defendant

Leanne Bingham

Defendant

Procedural Posture

Injunction Application / Interlocutory (part Heard, Adjourned)

  1. 1 Whether the defendants are bound by duties of confidentiality and privacy regarding information obtained during employment
  2. 2 Whether an interim injunction should be granted to restrain publication of confidential/private information

Ratio Decidendi

There is a strong arguable case that both defendants are bound by duties of confidentiality (express and/or implied) and privacy, and there is a real risk of breach if not restrained; therefore, an interlocutory injunction is justified pending a full hearing.

Court Disposition

Interlocutory injunction granted (part-heard, adjourned)

Orders

  • Defendants prohibited from publishing confidential/private information about the first claimant until further order or adjourned hearing
  • Order includes public domain proviso permitting disclosure of information already lawfully in the public domain