Gold & Anor v Cox & Anor

Gold & Anor v Cox & Anor

There is a strong case that both defendants are bound by duties of confidentiality (express or implied) regarding information obtained during their employment, and there is a real risk of breach if not restrained. An interlocutory injunction is therefore justified to prohibit publication of such information pending a full hearing.

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
Civil / Interlocutory Application for Injunction (part Heard, Adjourned)
Outcome
Interlocutory injunction granted (pending further hearing)
Legal Topics
Injunctions, Breach of Confidence, Implied Terms in Employment, Publication of Private Information
Employment Law Privacy Law Confidentiality Injunctions Breach of Confidence Implied Terms in Employment Publication of Private Information

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Parties

Jacqueline Gold

Claimant

Ann Summers Ltd

Claimant

Allison Cox

Defendant

Leanne Bingham

Defendant

Procedural Posture

Civil / Interlocutory Application for Injunction (part Heard, Adjourned)

Legal Issues

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

Ratio Decidendi

There is a strong case that both defendants are bound by duties of confidentiality (express or implied) regarding information obtained during their employment, and there is a real risk of breach if not restrained. An interlocutory injunction is therefore justified to prohibit publication of such information pending a full hearing.

Court Disposition

Interlocutory injunction granted (pending further hearing)

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 via national media (not resulting from breach of confidence or privacy)