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 case that both defendants are bound by duties of confidentiality, either express or implied, and there is a real risk of breach if not restrained. The balance of convenience favours granting an interim injunction to protect the claimants' confidential and private information until a full hearing.

Citation
[2012] EWHC 272 (QB)
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 Hearing, Part Heard and Adjourned
Outcome
Interim injunction granted, hearing adjourned for further submissions.
Legal Topics
Confidentiality, Breach of Confidence, Interim Injunctions, Employee Duties, Privacy
Civil Procedure Employment Law Privacy Law Confidentiality Breach of Confidence Interim Injunctions Employee Duties Privacy

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Parties

Jacqueline Gold

Claimant

Ann Summers Ltd

Claimant

Allison Cox

Defendant

Leanne Bingham

Defendant

Procedural Posture

Injunction Application / Interlocutory Hearing, Part Heard and Adjourned

Legal Issues

  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 case that both defendants are bound by duties of confidentiality, either express or implied, and there is a real risk of breach if not restrained. The balance of convenience favours granting an interim injunction to protect the claimants' confidential and private information until a full hearing.

Court Disposition

Interim injunction granted, hearing adjourned for further submissions.

Orders

  • Defendants prohibited from publishing confidential/private information about the first claimant until further order or adjourned hearing.
  • Order includes proviso permitting disclosure of information already in the public domain as a result of national media publication (not due to breach).