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
Case Brief
Summary, issues, holding and outcome
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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
Legal Issues
- 1 Whether the contractual provisions justify the injunctive relief granted
- 2 Whether the terms of the injunction are sufficiently clear and certain to be enforceable
- 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
Full Case Text
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