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)

Given the Defendants' concerted and unlawful acquisition of confidential information and business advantage, broad 'springboard' injunctive relief is justified to neutralise the advantage gained, and indemnity costs are appropriate due to the Defendants' conduct throughout the litigation.

Citation
[2012] EWHC 116 (QB)
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 Matters (final Order, Costs, Permission to Appeal)
Outcome
Final injunctive relief granted in the form of the interim order (with minor amendments); costs awarded to Claimant on an indemnity basis; interim payment ordered; permission to appeal refused.
Legal Topics
Springboard Relief, Confidential Information, Restrictive Covenants, Costs (indemnity Basis), Injunctions
Employment Law Commercial Law Springboard Relief Confidential Information Restrictive Covenants Costs (indemnity Basis) Injunctions

Case Brief

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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 Matters (final Order, Costs, Permission to Appeal)

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

Given the Defendants' concerted and unlawful acquisition of confidential information and business advantage, broad 'springboard' injunctive relief is justified to neutralise the advantage gained, and indemnity costs are appropriate due to the Defendants' conduct throughout the litigation.

Court Disposition

Final injunctive relief granted in the form of the interim order (with minor amendments); costs awarded to Claimant on an indemnity basis; interim payment ordered; permission to appeal refused.

Orders

  • Defendants restrained from further activities or preparations regarding 'Project Phoenix' until 28 April 2012, including both 'permissible' and 'impermissible' acts.
  • Damages awarded to Claimant in the sum of £314,030.81.