Linklaters LLP & Anor v Mellish [2019] EWHC 177 (QB) (05 February 2019)

Linklaters LLP & Anor v Mellish [2019] EWHC 177 (QB) (05 February 2019)

The claimants are likely to establish at trial that the defendant threatens to misuse confidential information acquired during employment, protected by express contractual and equitable duties of confidence, and that no public interest defence or justification overrides those duties. Interim injunctive relief is necessary and proportionate to protect confidentiality and privacy of third parties, and damages would not be an adequate remedy.

Citation
[2019] EWHC 177
Parties
Intended Claimant: Linklaters LLP; Intended Claimant: Linklaters Business Services; Intended Defendant: Frank Mellish
Jurisdiction
England and Wales
Judgment Date
05 February 2019
Procedural Posture
Injunction Application (pre Action) / Interim Order Granted, Pending Return Date
Outcome
interim injunction granted
Legal Topics
Breach of Confidence, Interim Injunctions, Employment Contract Confidentiality, Public Interest Defence, Service Out of Jurisdiction
Employment Law Confidentiality Privacy Contract Law Breach of Confidence Interim Injunctions Employment Contract Confidentiality Public Interest Defence +1 more

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Parties

Linklaters LLP

Intended Claimant

Linklaters Business Services

Intended Claimant

Frank Mellish

Intended Defendant

Procedural Posture

Injunction Application (pre Action) / Interim Order Granted, Pending Return Date

Legal Issues

  1. 1 Whether the defendant threatens or intends to misuse confidential information acquired during employment
  2. 2 Whether the information is protected by contractual and equitable duties of confidence
  3. 3 Whether public interest justifies disclosure of confidential information

Ratio Decidendi

The claimants are likely to establish at trial that the defendant threatens to misuse confidential information acquired during employment, protected by express contractual and equitable duties of confidence, and that no public interest defence or justification overrides those duties. Interim injunctive relief is necessary and proportionate to protect confidentiality and privacy of third parties, and damages would not be an adequate remedy.

Court Disposition

interim injunction granted

Orders

  • Defendant restrained from disclosing eleven specified categories of confidential information pending return date
  • Defendant required to disclose identity of any journalists, press, media organisations, agents, publicists, or third parties to whom information was disclosed for publication