Whitmar Publications Ltd v Gamage & Ors [2013] EWHC 1881 (Ch) (04 July 2013)

Whitmar Publications Ltd v Gamage & Ors [2013] EWHC 1881 (Ch) (04 July 2013)

The evidence demonstrated a strong case that the defendants, while still employed, took active steps to compete with Whitmar, misused confidential information and databases, and obtained a springboard advantage. The seriousness of the issues and the likelihood of Whitmar's success at trial justified the grant of injunctive and related relief.

Citation
[2013] EWHC 1881 (Ch)
Parties
Claimant: Whitmar Publications Limited; Defendant: David Gamage; Defendant: Susan Wright; Defendant: Steve Crawley; Defendant: Earth Island Publishing Limited
Jurisdiction
England and Wales
Judgment Date
04 July 2013
Procedural Posture
Interim Application in Civil Proceedings / Application for Interlocutory Injunction
Outcome
Interim injunction and ancillary relief granted in favour of claimant
Legal Topics
Breach of Contract, Duty of Fidelity, Confidential Information, Database Rights, Springboard Injunction, Preparatory Steps to Compete, Employee Obligations
Employment Law Intellectual Property Equity and Trusts Breach of Contract Duty of Fidelity Confidential Information Database Rights Springboard Injunction +2 more

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Parties

Whitmar Publications Limited

Claimant

David Gamage

Defendant

Susan Wright

Defendant

Steve Crawley

Defendant

Earth Island Publishing Limited

Defendant

Procedural Posture

Interim Application in Civil Proceedings / Application for Interlocutory Injunction

Legal Issues

  1. 1 Whether defendants breached contractual and implied duties of fidelity and good faith
  2. 2 Whether defendants misused confidential information and databases
  3. 3 Whether defendants' preparatory steps amounted to unlawful competition

Ratio Decidendi

The evidence demonstrated a strong case that the defendants, while still employed, took active steps to compete with Whitmar, misused confidential information and databases, and obtained a springboard advantage. The seriousness of the issues and the likelihood of Whitmar's success at trial justified the grant of injunctive and related relief.

Court Disposition

Interim injunction and ancillary relief granted in favour of claimant

Orders

  • Defendants restrained from using or disclosing claimant's confidential information
  • Defendants to deliver up confidential information