M&E Global (Staffing) Solutions Ltd & Anor v Tudge & Ors
The restrictive covenant is enforceable and breached; confidential information was misused; springboard relief is justified to prevent ongoing unfair advantage; damages are inadequate and balance of convenience favours granting the orders.
- Parties
- Applicant/claimant: M&E Global (Staffing) Solutions Limited; Applicant/claimant: M&E Global Resources Limited; Respondent/defendant: Mr Russell Tudge; Respondent/defendant: Mr Johnny Oaks; Respondent/defendant: Mr Stuart McIntosh; Respondent/defendant: Mr Michael Kobicke; Respondent/defendant: DSG Service Gesellschaft MBH; Respondent/defendant: DSG Personal Services GMBH; Respondent/defendant: J&M Maintenance & Logistics Services Limited
- Jurisdiction
- England and Wales
- Judgment Date
- 17 March 2016
- Procedural Posture
- Interim Application / Interlocutory Hearing
- Outcome
- Interim orders granted; directions for speedy trial approved.
- Legal Topics
- Restrictive Covenants, Confidential Information, Springboard Relief, Interim Injunctions
Case Brief
Summary, issues, holding and outcome
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Parties
M&E Global (Staffing) Solutions Limited
Applicant/claimant
M&E Global Resources Limited
Applicant/claimant
Mr Russell Tudge
Respondent/defendant
Mr Johnny Oaks
Respondent/defendant
Mr Stuart McIntosh
Respondent/defendant
Mr Michael Kobicke
Respondent/defendant
DSG Service Gesellschaft MBH
Respondent/defendant
DSG Personal Services GMBH
Respondent/defendant
J&M Maintenance & Logistics Services Limited
Respondent/defendant
Procedural Posture
Interim Application / Interlocutory Hearing
Legal Issues
- 1 Whether the restrictive covenant in Mr Tudge’s contract is enforceable
- 2 Whether confidential information was misused by the defendants
- 3 Whether springboard relief is justified
Ratio Decidendi
The restrictive covenant is enforceable and breached; confidential information was misused; springboard relief is justified to prevent ongoing unfair advantage; damages are inadequate and balance of convenience favours granting the orders.
Court Disposition
Interim orders granted; directions for speedy trial approved.
Orders
- Enforcement of remaining restrictive covenant period against Mr Tudge
- Delivery up and deletion of M&E confidential information from defendants
Full Case Text
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