QBE Management Services (UK) Ltd v Dymoke & Ors [2012] EWHC 116 (QB) (02 February 2012)

QBE Management Services (UK) Ltd v Dymoke & Ors [2012] EWHC 116 (QB) (02 February 2012)

The Defendants' concerted and unlawful conduct justified robust 'springboard' relief in the form of the final order, including provisions restraining misuse of confidential information and inducement of breaches, limited to the period until 28 April 2012. The Defendants' conduct warranted indemnity costs. Permission to appeal was refused as the case was clear on the facts and law.

Citation
[2012] EWHC 116
Parties
Claimant: QBE Management Services (UK) Limited; Defendant: Charles Dymoke; Defendant: John Hearn; Defendant: Steven Kirk; Defendant: Pro Insurance Solutions Ltd
Jurisdiction
England and Wales
Judgment Date
02 February 2012
Procedural Posture
Civil / Post Trial, Consequential Order
Outcome
Final injunctive relief granted in the form of the attached order; costs awarded to Claimant on indemnity basis; interim payment ordered; permission to appeal refused.
Legal Topics
Springboard Relief, Confidential Information, Restrictive Covenants, Costs, Injunctions
Employment Law Commercial Law Springboard Relief Confidential Information Restrictive Covenants Costs Injunctions

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 16 Party arguments 2 Amounts and remedies 2
Sign in to unlock

Parties

QBE Management Services (UK) Limited

Claimant

Charles Dymoke

Defendant

John Hearn

Defendant

Steven Kirk

Defendant

Pro Insurance Solutions Ltd

Defendant

Procedural Posture

Civil / Post Trial, Consequential Order

Legal Issues

  1. 1 Appropriate form and scope of final injunctive relief ('springboard' relief)
  2. 2 Basis for award of costs (indemnity vs standard)
  3. 3 Permission to appeal

Ratio Decidendi

The Defendants' concerted and unlawful conduct justified robust 'springboard' relief in the form of the final order, including provisions restraining misuse of confidential information and inducement of breaches, limited to the period until 28 April 2012. The Defendants' conduct warranted indemnity costs. Permission to appeal was refused as the case was clear on the facts and law.

Court Disposition

Final injunctive relief granted in the form of the attached order; costs awarded to Claimant on indemnity basis; interim payment ordered; permission to appeal refused.

Orders

  • Defendants restrained from activities relating to Project Phoenix until 28 April 2012 as per final order.
  • Defendants to pay Claimant's costs on indemnity basis, to be assessed if not agreed.