Intercall Conferencing Services Ltd v Steer

Intercall Conferencing Services Ltd v Steer

The Defendant was exposed to confidential information requiring protection, and there is a real risk of breach, even if inadvertent. The non-competition clause is reasonable in scope and duration. The balance of convenience favours granting the interim injunction to protect the Claimant's legitimate business interests.

Parties
Applicant: Intercall Conferencing Services Limited; Respondent: Andrew Steer
Jurisdiction
England and Wales
Judgment Date
15 March 2007
Procedural Posture
Employment / Interim Injunction Application
Outcome
interim injunction granted
Legal Topics
Restrictive Covenants, Confidential Information, Non Competition Clauses, Interim Injunctions
Employment Law Contract Law Restrictive Covenants Confidential Information Non Competition Clauses Interim Injunctions

Case Brief

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Parties

Intercall Conferencing Services Limited

Applicant

Andrew Steer

Respondent

Procedural Posture

Employment / Interim Injunction Application

Legal Issues

  1. 1 Whether the non-competition clause is enforceable and reasonable in scope and duration
  2. 2 Whether the Defendant was exposed to and retains confidential information requiring protection
  3. 3 Whether there is a real risk of breach of confidentiality by the Defendant

Ratio Decidendi

The Defendant was exposed to confidential information requiring protection, and there is a real risk of breach, even if inadvertent. The non-competition clause is reasonable in scope and duration. The balance of convenience favours granting the interim injunction to protect the Claimant's legitimate business interests.

Court Disposition

interim injunction granted

Orders

  • Interim injunction restraining Defendant from working with named competitors, including Premiere Global Services Inc., until 18 August 2007 or trial or further order.
  • Defendant restrained from divulging confidential information or trade secrets of the Claimant.