Linklaters LLP & Anor v Mellish

Linklaters LLP & Anor v Mellish

The litigation was resolved by agreement between the parties, with the defendant providing undertakings not to disclose specified confidential information and to destroy confidential documents, in exchange for a stay of proceedings on the agreed terms. The court approved the Tomlin Order as appropriate and necessary to protect confidentiality.

Parties
Claimant: Linklaters LLP; Claimant: Linklaters Business Services; Defendant: Frank Mellish
Jurisdiction
England and Wales
Judgment Date
18 February 2019
Procedural Posture
Civil / Final Judgment Following Settlement (tomlin Order)
Outcome
Proceedings stayed by consent (Tomlin Order); undertakings given by defendant; no order as to costs.
Legal Topics
Interim Injunctions, Confidential Information, Settlement Agreements, Tomlin Orders
Civil Procedure Confidentiality Interim Injunctions Confidential Information Settlement Agreements Tomlin Orders

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Parties

Linklaters LLP

Claimant

Linklaters Business Services

Claimant

Frank Mellish

Defendant

Procedural Posture

Civil / Final Judgment Following Settlement (tomlin Order)

Legal Issues

  1. 1 Whether to restrain disclosure of confidential information
  2. 2 Whether to continue interim injunction
  3. 3 Whether to approve settlement terms

Ratio Decidendi

The litigation was resolved by agreement between the parties, with the defendant providing undertakings not to disclose specified confidential information and to destroy confidential documents, in exchange for a stay of proceedings on the agreed terms. The court approved the Tomlin Order as appropriate and necessary to protect confidentiality.

Court Disposition

Proceedings stayed by consent (Tomlin Order); undertakings given by defendant; no order as to costs.

Orders

  • Proceedings stayed on agreed terms set out in the schedule (Tomlin Order)
  • Defendant to provide undertakings not to disclose specified information