Maris Interiors LLP v Pleckinger & Ors [2011] EWHC 2260 (QB) (15 September 2011)

Maris Interiors LLP v Pleckinger & Ors [2011] EWHC 2260 (QB) (15 September 2011)

There are triable issues regarding the use of confidential information and inducement of breaches of contract by the 6th and 7th defendants. Interim injunctions are appropriate against them to restrain use or disclosure of confidential information and procuring breaches of contract, as damages would not be an adequate remedy and there is no hardship in restraining unlawful conduct. No interim relief is justified against the 4th and 5th defendants due to lack of evidence of breach, and no orders for provision of information are warranted at this stage.

Citation
[2011] EWHC 2260
Parties
Claimant: Maris Interiors LLP; Defendant: Bruce Pleckinger; Defendant: Anthony Ellis; Defendant: Robert Gregory; Defendant: Yusuf Heptullabhai; Defendant: Andrew Marshall; Defendant: Wayne Judge; Defendant: Area Sq. Limited
Jurisdiction
England and Wales
Judgment Date
15 September 2011
Procedural Posture
Interlocutory Application in Civil Proceedings / Application for Interim Relief and Joinder of Defendants Prior to Trial
Outcome
Interim injunctions granted in part; joinder of defendants ordered; no relief against 4th and 5th defendants except joinder.
Legal Topics
Restrictive Covenants, Confidential Information, Breach of Contract, Interlocutory Injunctions, Joinder of Parties
Employment Law Commercial Law Restrictive Covenants Confidential Information Breach of Contract Interlocutory Injunctions Joinder of Parties

Case Brief

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Parties

Maris Interiors LLP

Claimant

Bruce Pleckinger

Defendant

Anthony Ellis

Defendant

Robert Gregory

Defendant

Yusuf Heptullabhai

Defendant

Andrew Marshall

Defendant

Wayne Judge

Defendant

Area Sq. Limited

Defendant

Procedural Posture

Interlocutory Application in Civil Proceedings / Application for Interim Relief and Joinder of Defendants Prior to Trial

Legal Issues

  1. 1 Whether interim injunctive relief should be granted to restrain use of confidential information and solicitation of clients by former employees and their new employer
  2. 2 Whether there is a serious issue to be tried regarding breach of post-termination restrictive covenants
  3. 3 Whether damages would be an adequate remedy

Ratio Decidendi

There are triable issues regarding the use of confidential information and inducement of breaches of contract by the 6th and 7th defendants. Interim injunctions are appropriate against them to restrain use or disclosure of confidential information and procuring breaches of contract, as damages would not be an adequate remedy and there is no hardship in restraining unlawful conduct. No interim relief is justified against the 4th and 5th defendants due to lack of evidence of breach, and no orders for provision of information are warranted at this stage.

Court Disposition

Interim injunctions granted in part; joinder of defendants ordered; no relief against 4th and 5th defendants except joinder.

Orders

  • 6th and 7th defendants restrained from using or disclosing confidential information and from procuring breaches of contract until trial or further order, unless satisfactory undertakings are given.
  • 7th defendant to clarify by statement of truth or affidavit what enquiries have been made regarding possession of claimant's property and the results of such enquiries.