Affinity Financial Awareness Ltd & Anor v Ferguson & Ors [2016] EWHC 2319 (QB) (21 September 2016)

Affinity Financial Awareness Ltd & Anor v Ferguson & Ors [2016] EWHC 2319 (QB) (21 September 2016)

The court refused to join the 22 additional advisers as defendants, finding no obligation for claimants to sue all potentially affected parties and insufficient evidence of breach. The court declined to exclude specified clients from undertakings, as defendants failed to justify exclusion. The court granted interim relief preventing disclosure and requiring delivery up of confidential customer lists, finding a serious question to be tried regarding their status as trade secrets. The court refused to order defendants to provide witness statements on post-termination conduct at this stage, applying the Aon factors. The speedy trial will address enforceability, breach, and adequacy of...

Citation
[2016] EWHC 2319 (QB)
Parties
Claimant: Affinity Financial Awareness Limited; Claimant: Affinity Connect Limited; Defendant: Andrew Ferguson; Defendant: Juan Moreno; Defendant: Darran Jackson; Defendant: Adrian Peacock; Defendant: Wayne Duffin
Jurisdiction
England and Wales
Judgment Date
21 September 2016
Procedural Posture
Interim Application in Civil Proceedings / Application for Interim Relief Prior to Speedy Trial
Outcome
Interim relief granted in part; application to join additional defendants dismissed; other orders as specified.
Legal Topics
Restrictive Covenants, Interim Injunctions, Confidential Information, Joinder of Parties, Disclosure Obligations
Employment Law Contract Law Restrictive Covenants Interim Injunctions Confidential Information Joinder of Parties Disclosure Obligations

Case Brief

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Parties

Affinity Financial Awareness Limited

Claimant

Affinity Connect Limited

Claimant

Andrew Ferguson

Defendant

Juan Moreno

Defendant

Darran Jackson

Defendant

Adrian Peacock

Defendant

Wayne Duffin

Defendant

Procedural Posture

Interim Application in Civil Proceedings / Application for Interim Relief Prior to Speedy Trial

Legal Issues

  1. 1 Whether 22 additional advisers should be joined as defendants
  2. 2 Whether certain clients should be excluded from undertakings
  3. 3 Whether claimants are entitled to prevent disclosure and require delivery up of customer lists

Ratio Decidendi

The court refused to join the 22 additional advisers as defendants, finding no obligation for claimants to sue all potentially affected parties and insufficient evidence of breach. The court declined to exclude specified clients from undertakings, as defendants failed to justify exclusion. The court granted interim relief preventing disclosure and requiring delivery up of confidential customer lists, finding a serious question to be tried regarding their status as trade secrets. The court refused to order defendants to provide witness statements on post-termination conduct at this stage, applying the Aon factors. The speedy trial will address enforceability, breach, and adequacy of...

Court Disposition

Interim relief granted in part; application to join additional defendants dismissed; other orders as specified.

Orders

  • Application to join 22 additional defendants dismissed.
  • Specified clients not excluded from undertakings.