AAA & Anor v CCC

AAA & Anor v CCC

The information disclosed by CCC falls within the definition of confidential information under the SAR, and the contractual provisions are sufficiently clear to justify the injunctive relief granted. The injunction is enforceable, subject to amendments clarifying its duration and scope.

Parties
Claimant/respondent: AAA; Claimant/respondent: BBB; Defendant/appellant: CCC
Jurisdiction
England and Wales
Judgment Date
07 July 2020
Procedural Posture
Civil Appeal / Appeal From Summary Judgment in High Court
Outcome
appeal dismissed with minor amendments to the injunction order
Legal Topics
Confidentiality Agreements, Non Disclosure Injunctions, Fiduciary Duties, Employment Compromise Agreements, Third Party Rights, Summary Judgment, Damages, Protected Disclosures

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Parties

AAA

Claimant/respondent

BBB

Claimant/respondent

CCC

Defendant/appellant

Procedural Posture

Civil Appeal / Appeal From Summary Judgment in High Court

  1. 1 Whether the contractual provisions justify the injunctive relief granted
  2. 2 Whether the terms of the injunction are sufficiently clear and certain to be enforceable
  3. 3 Whether BBB can benefit from an injunction based on a contract to which he is not a party

Ratio Decidendi

The information disclosed by CCC falls within the definition of confidential information under the SAR, and the contractual provisions are sufficiently clear to justify the injunctive relief granted. The injunction is enforceable, subject to amendments clarifying its duration and scope.

Court Disposition

appeal dismissed with minor amendments to the injunction order

Orders

  • Paragraph 3(c) of the order amended to clarify protection lasts only while BBB is a director or employee of AAA
  • Final part of paragraph 3(d) after 'the release of the Information' deleted