Amberside Energy (Development) Limited & Ors v Hamza Ahmed & Anor

Amberside Energy (Development) Limited & Ors v Hamza Ahmed & Anor

The evidence does not justify the broad interim injunction sought by the claimants against the second defendant; the undertakings offered by the defendants, if given to the court, are sufficient and proportionate to protect the claimants' interests. The first defendant must provide undertakings and deliver up specified confidential information, but the scope of the injunction must be limited to clearly defined confidential documents and not extend to general knowledge or information in the public domain. The claimants must file and serve particulars of claim promptly.

Parties
Claimant: Amberside Energy (Development) Limited; Claimant: Amberside Energy Limited; Claimant: Amberside Power 2 Limited; Defendant: Hamza Ahmed; Defendant: Blake Clough Consulting Limited
Jurisdiction
England and Wales
Judgment Date
12 March 2024
Procedural Posture
Interim Injunction Application / Ruling on Interim Relief
Outcome
Interim injunction refused in the broad form sought; limited undertakings and delivery up ordered against first defendant; undertakings to be given to the court by second defendant or injunction in terms of undertakings if not given; claimants to file particulars of claim by specified date; costs reserved.
Legal Topics
Misuse of Confidential Information, Restrictive Covenants, Interim Injunctions, Employment Termination, Trade Secrets
Employment Law Confidential Information Injunctions Misuse of Confidential Information Restrictive Covenants Interim Injunctions Employment Termination Trade Secrets

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Parties

Amberside Energy (Development) Limited

Claimant

Amberside Energy Limited

Claimant

Amberside Power 2 Limited

Claimant

Hamza Ahmed

Defendant

Blake Clough Consulting Limited

Defendant

Procedural Posture

Interim Injunction Application / Ruling on Interim Relief

Legal Issues

  1. 1 Whether the first defendant misused or retained confidential information belonging to the claimants
  2. 2 Whether the second defendant induced or used confidential information in competition with the claimants
  3. 3 Whether the claimants are entitled to interim injunctive relief against the defendants

Ratio Decidendi

The evidence does not justify the broad interim injunction sought by the claimants against the second defendant; the undertakings offered by the defendants, if given to the court, are sufficient and proportionate to protect the claimants' interests. The first defendant must provide undertakings and deliver up specified confidential information, but the scope of the injunction must be limited to clearly defined confidential documents and not extend to general knowledge or information in the public domain. The claimants must file and serve particulars of claim promptly.

Court Disposition

Interim injunction refused in the broad form sought; limited undertakings and delivery up ordered against first defendant; undertakings to be given to the court by second defendant or injunction in terms of undertakings if not given; claimants to file particulars of claim by specified date; costs reserved.

Orders

  • First defendant to deliver up all specified confidential documents and provide a list and witness statement confirming compliance.
  • Second defendant to provide undertakings to the court in the amended form or be subject to injunction in those terms if undertakings not given.