The Hedgehog Golf Company Ltd v Hauser [2011] EWHC 689 (Ch) (23 March 2011)

The Hedgehog Golf Company Ltd v Hauser [2011] EWHC 689 (Ch) (23 March 2011)

Given the defendant's threats, past conduct, and refusal to undertake not to misuse confidential information, there is a real risk of disclosure to the claimant's detriment. Equity requires the grant of a perpetual injunction to restrain such disclosure.

Citation
[2011] EWHC 689 (Ch)
Parties
Claimant: The Hedgehog Golf Company Limited; Defendant: Frank Hauser
Jurisdiction
England and Wales
Judgment Date
23 March 2011
Procedural Posture
Injunction Application / Final Judgment
Outcome
Perpetual injunction granted
Legal Topics
Confidential Information, Perpetual Injunction, Director's Duties, Patent Protection, Unfair Prejudice
Equity Company Law Intellectual Property Confidential Information Perpetual Injunction Director's Duties Patent Protection Unfair Prejudice

Case Brief

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Parties

The Hedgehog Golf Company Limited

Claimant

Frank Hauser

Defendant

Procedural Posture

Injunction Application / Final Judgment

Legal Issues

  1. 1 Whether the defendant should be restrained by perpetual injunction from disclosing confidential information of the claimant
  2. 2 Whether the defendant's conduct justified the grant of injunctive relief

Ratio Decidendi

Given the defendant's threats, past conduct, and refusal to undertake not to misuse confidential information, there is a real risk of disclosure to the claimant's detriment. Equity requires the grant of a perpetual injunction to restrain such disclosure.

Court Disposition

Perpetual injunction granted

Orders

  • A perpetual injunction is granted restraining the defendant from improperly disclosing confidential information of the claimant.