Hyperama Plc v Poulis & Anor

Hyperama Plc v Poulis & Anor

A doorstep delivery-up order is justified on a without-notice basis where there is a high degree of assurance of wrongful taking and misuse of confidential information, serious potential damage, clear evidence of incriminating electronic documents, real possibility of destruction, and the relief sought is...

Source-derived case information.

Parties
Claimant: Hyperama PLC; Defendant: Aristeidis Poulis; Defendant: Ali Soner Guvemli
Jurisdiction
England and Wales
Judgment Date
14 December 2018
Procedural Posture
Application for Interim Relief / Without Notice Hearing for Doorstep Delivery Up Injunction
Outcome
Doorstep delivery-up injunction granted; gagging order refused.
Legal Topics
Confidential Information, Restrictive Covenants, Fraud, Interim Injunctions
Employment Law Commercial Law Equity Confidential Information Restrictive Covenants Fraud Interim Injunctions

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Parties

Hyperama PLC

Claimant

Aristeidis Poulis

Defendant

Ali Soner Guvemli

Defendant

Procedural Posture

Application for Interim Relief / Without Notice Hearing for Doorstep Delivery Up Injunction

Legal Issues

  1. 1 Whether the Defendants unlawfully took and misused confidential information
  2. 2 Whether the Defendants breached restrictive covenants
  3. 3 Whether the Defendants acted fraudulently to divert secret profits

Ratio Decidendi

A doorstep delivery-up order is justified on a without-notice basis where there is a high degree of assurance of wrongful taking and misuse of confidential information, serious potential damage, clear evidence of incriminating electronic documents, real possibility of destruction, and the relief sought is proportionate to the legitimate aims.

Court Disposition

Doorstep delivery-up injunction granted; gagging order refused.

Orders

  • Defendants to deliver up electronic documents containing confidential information at their doorsteps; no entry to premises, no search of hard copy documents, no access to data by applicant or its lawyers until inter partes hearing.
  • Order includes provision preventing one Defendant from tipping off the other if served first.