QBE Management Services (UK) Ltd v Dymoke & Ors

QBE Management Services (UK) Ltd v Dymoke & Ors

The defendants gained a significant unlawful advantage through misuse of confidential information and concerted unlawful conduct; full springboard relief is warranted to rectify this, and costs are awarded on an indemnity basis due to defendants' conduct.

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 / Final Order and Consequential Matters
Outcome
Final springboard relief granted; costs awarded on indemnity basis; permission to appeal refused.
Legal Topics
Springboard Relief, Confidential Information, Restrictive Covenants, Costs, Permission to Appeal
Employment Commercial Equity Springboard Relief Confidential Information Restrictive Covenants Costs Permission to Appeal

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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 / Final Order and Consequential Matters

Legal Issues

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

Ratio Decidendi

The defendants gained a significant unlawful advantage through misuse of confidential information and concerted unlawful conduct; full springboard relief is warranted to rectify this, and costs are awarded on an indemnity basis due to defendants' conduct.

Court Disposition

Final springboard relief granted; costs awarded on indemnity basis; permission to appeal refused.

Orders

  • Final injunctive relief in materially the same form as interim order, restraining defendants from activities related to 'Project Phoenix' until 28th April 2012.
  • Defendants to pay damages of £314,030.81.