BUQ v HRE

BUQ v HRE

The Employment Tribunal's findings, binding in this action, establish that the defendant has no realistic prospect of defending the claim for breach of confidence and misuse of private information. The claimant is entitled to summary judgment and a permanent injunction. Alleged lies by the claimant, even if proved, would not justify withholding relief or striking out the claim, as they are incidental and not central to the case. The defendant is permitted to amend his application for committal, but procedural requirements must be met.

Parties
Claimant: BUQ; Defendant: HRE
Jurisdiction
England and Wales
Judgment Date
07 May 2015
Procedural Posture
Civil / Summary Judgment and Cross Application for Committal
Outcome
Summary judgment granted to claimant; permanent injunction issued; defendant permitted to amend committal application; costs reserved.
Legal Topics
Breach of Confidence, Misuse of Private Information, Summary Judgment, Contempt of Court, Injunctions, Anonymity Orders

Case Brief

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Parties

BUQ

Claimant

HRE

Defendant

Procedural Posture

Civil / Summary Judgment and Cross Application for Committal

  1. 1 Whether the defendant has any real prospect of successfully defending the claim for breach of confidence and misuse of private information
  2. 2 Whether summary judgment should be granted to the claimant
  3. 3 Whether a permanent injunction should be granted

Ratio Decidendi

The Employment Tribunal's findings, binding in this action, establish that the defendant has no realistic prospect of defending the claim for breach of confidence and misuse of private information. The claimant is entitled to summary judgment and a permanent injunction. Alleged lies by the claimant, even if proved, would not justify withholding relief or striking out the claim, as they are incidental and not central to the case. The defendant is permitted to amend his application for committal, but procedural requirements must be met.

Court Disposition

Summary judgment granted to claimant; permanent injunction issued; defendant permitted to amend committal application; costs reserved.

Orders

  • Permanent injunction granted in substantially same terms as previous orders
  • Directions given for defendant to amend committal application notice and comply with procedural requirements