Visage Ltd & Anor v Mehan & Ors [2017] EWHC 2734 (QB) (03 November 2017)

Visage Ltd & Anor v Mehan & Ors [2017] EWHC 2734 (QB) (03 November 2017)

The claimants established a strong prima facie case of breach of restrictive covenants and fiduciary duties by the defendants, justifying interim injunctive relief and springboard relief to prevent further unfair competitive advantage pending trial. The balance of convenience favored maintaining the contractual covenants as agreed, and the claimants' cross-undertaking in damages provided adequate protection for the defendants. Ancillary disclosure orders were refused as exceptional circumstances were not established.

Citation
[2017] EWHC 2734 (QB)
Parties
Claimant/applicant: Visage Limited; Claimant/applicant: GSCM (UK) Limited; Defendant/respondent: Ms Anita Mehan; Defendant/respondent: Ms Rita Abrol; Defendant/respondent: Ms Tina Khosla; Defendant/respondent: Mr Manoj Vadhera; Defendant: Mr Sanjeev Mehan
Jurisdiction
England and Wales
Judgment Date
03 November 2017
Procedural Posture
Interim Application in Civil Proceedings (queen's Bench Division) / Interlocutory (application for Interim Relief Prior to Trial)
Outcome
Interim injunctions and springboard relief granted in terms sought by claimants; applications for ancillary disclosure orders refused; costs of hearing on 23 October 2017 awarded to First Defendant; all other costs reserved.
Legal Topics
Restrictive Covenants, Springboard Injunctions, Breach of Contract, Fiduciary Duties, Interim Injunctions, Confidential Information, Employee Competition
Employment Law Commercial Law Restrictive Covenants Springboard Injunctions Breach of Contract Fiduciary Duties Interim Injunctions Confidential Information +1 more

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Parties

Visage Limited

Claimant/applicant

GSCM (UK) Limited

Claimant/applicant

Ms Anita Mehan

Defendant/respondent

Ms Rita Abrol

Defendant/respondent

Ms Tina Khosla

Defendant/respondent

Mr Manoj Vadhera

Defendant/respondent

Mr Sanjeev Mehan

Defendant

Procedural Posture

Interim Application in Civil Proceedings (queen's Bench Division) / Interlocutory (application for Interim Relief Prior to Trial)

Legal Issues

  1. 1 Whether interim injunctive relief should be granted to enforce restrictive covenants against former employees
  2. 2 Whether springboard relief should be granted to prevent unfair competitive advantage
  3. 3 Whether ancillary disclosure orders should be made against the defendants

Ratio Decidendi

The claimants established a strong prima facie case of breach of restrictive covenants and fiduciary duties by the defendants, justifying interim injunctive relief and springboard relief to prevent further unfair competitive advantage pending trial. The balance of convenience favored maintaining the contractual covenants as agreed, and the claimants' cross-undertaking in damages provided adequate protection for the defendants. Ancillary disclosure orders were refused as exceptional circumstances were not established.

Court Disposition

Interim injunctions and springboard relief granted in terms sought by claimants; applications for ancillary disclosure orders refused; costs of hearing on 23 October 2017 awarded to First Defendant; all other costs reserved.

Orders

  • Interim injunctive relief enforcing restrictive covenants granted against Second to Fourth Defendants in claimants' terms
  • Springboard relief granted against Second to Fourth Defendants