Nissan Motor (GB) Ltd & Anor v Passi [2021] EWHC 3642 (Ch) (03 December 2021)

Nissan Motor (GB) Ltd & Anor v Passi [2021] EWHC 3642 (Ch) (03 December 2021)

Claimants have a strong prima facie case for proprietary and contractual entitlement to documents; defendant has no seriously arguable right to retain or use confidential information or copies. Interim injunction is justified to prevent risk of wrongful disclosure and protect claimants' interests. Definition of confidential information is limited to information contained or embodied in relevant documents.

Citation
[2021] EWHC 3642 (Ch)
Parties
Claimant: Nissan Motor (GB) Limited; Claimant: Nissan Motor Co., Ltd.; Defendant: Ravinder Passi
Jurisdiction
England and Wales
Judgment Date
03 December 2021
Procedural Posture
Interim Injunction Application / Decision on Interim Application
Outcome
Interim injunction granted
Legal Topics
Interim Injunctions, Confidential Information, Employment Termination, Legal Privilege, Whistleblowing, Disclosure Obligations
Employment Law Confidentiality Injunctive Relief Interim Injunctions Confidential Information Employment Termination Legal Privilege Whistleblowing +1 more

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Parties

Nissan Motor (GB) Limited

Claimant

Nissan Motor Co., Ltd.

Claimant

Ravinder Passi

Defendant

Procedural Posture

Interim Injunction Application / Decision on Interim Application

Legal Issues

  1. 1 Whether interim injunction should be granted to restrain defendant from retaining or using confidential documents and information belonging to claimants
  2. 2 Whether defendant is entitled to retain copies of disclosed documents
  3. 3 Definition and scope of confidential information for purposes of injunction

Ratio Decidendi

Claimants have a strong prima facie case for proprietary and contractual entitlement to documents; defendant has no seriously arguable right to retain or use confidential information or copies. Interim injunction is justified to prevent risk of wrongful disclosure and protect claimants' interests. Definition of confidential information is limited to information contained or embodied in relevant documents.

Court Disposition

Interim injunction granted

Orders

  • Defendant to deliver up all relevant documents to claimants
  • Defendant to destroy all retained copies, particularly electronic copies, of relevant documents