Whitmar Publications Ltd v Gamage & Ors

Whitmar Publications Ltd v Gamage & Ors

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 gained an unfair competitive advantage. This justified the grant of injunctive and springboard relief to protect Whitmar's interests pending trial.

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
Civil (employment/commercial) / Interlocutory Application for Injunctive Relief
Outcome
Interlocutory injunction and springboard relief granted in favour of the claimant.
Legal Topics
Breach of Contract, Confidential Information, Database Rights, Fiduciary Duties, Springboard Injunctions, Employee Competition
Employment Law Commercial Law Intellectual Property Breach of Contract Confidential Information Database Rights Fiduciary Duties Springboard Injunctions +1 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

Civil (employment/commercial) / Interlocutory Application for Injunctive Relief

Legal Issues

  1. 1 Whether the defendants breached their contracts of employment and duties of fidelity and good faith
  2. 2 Whether the defendants misused confidential information and databases belonging to the claimant
  3. 3 Whether the defendants' actions justified the grant of injunctive and springboard relief

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 gained an unfair competitive advantage. This justified the grant of injunctive and springboard relief to protect Whitmar's interests pending trial.

Court Disposition

Interlocutory injunction and springboard relief granted in favour of the claimant.

Orders

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