Capita Plc & Anor v Darch & Ors

Capita Plc & Anor v Darch & Ors

Capita failed to establish a sufficient evidential basis or likelihood of success at trial for the wide-ranging interim injunctions sought; the contractual restrictions were likely too broad to be enforceable, the proprietary claim to emails was unfounded, and damages were an adequate remedy. Relief was refused except where undertakings were voluntarily offered or agreed between parties.

Parties
Claimant: Capita PLC; Claimant: Capita Property & Infrastructure Limited; Defendant: Richard Darch; Defendant: Archus Limited; Defendant: David Short; Defendant: Shane Dineen; Defendant: Stuart Randall; Defendant: Christopher Turner; Defendant: Stanley Coats; Defendant: Jessica Randall; Defendant: Vincent Chalmers; Defendant: Chetan Tailor
Jurisdiction
England and Wales
Judgment Date
26 May 2017
Procedural Posture
Civil / Interlocutory Application for Interim Injunctions
Outcome
Application for interim injunctions dismissed except as to undertakings or agreed orders.
Legal Topics
Restrictive Covenants, Confidential Information, Springboard Injunctions, Unlawful Means Conspiracy, Database Rights, Breach of Contract
Employment Commercial Equity Restrictive Covenants Confidential Information Springboard Injunctions Unlawful Means Conspiracy Database Rights +1 more

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Parties

Capita PLC

Claimant

Capita Property & Infrastructure Limited

Claimant

Richard Darch

Defendant

Archus Limited

Defendant

David Short

Defendant

Shane Dineen

Defendant

Stuart Randall

Defendant

Christopher Turner

Defendant

Stanley Coats

Defendant

Jessica Randall

Defendant

Vincent Chalmers

Defendant

Chetan Tailor

Defendant

Procedural Posture

Civil / Interlocutory Application for Interim Injunctions

Legal Issues

  1. 1 Whether interim injunctions should be granted to restrain alleged breaches of restrictive covenants, misuse of confidential information, and unlawful means conspiracy
  2. 2 Whether Capita has proprietary rights in emails or their contents
  3. 3 Whether springboard relief is justified against former employees and competitor company

Ratio Decidendi

Capita failed to establish a sufficient evidential basis or likelihood of success at trial for the wide-ranging interim injunctions sought; the contractual restrictions were likely too broad to be enforceable, the proprietary claim to emails was unfounded, and damages were an adequate remedy. Relief was refused except where undertakings were voluntarily offered or agreed between parties.

Court Disposition

Application for interim injunctions dismissed except as to undertakings or agreed orders.

Orders

  • Undertakings and agreed orders incorporated for certain defendants as per post-hearing agreement.
  • No interim injunctions granted for delivery up, early disclosure of emails, or springboard relief except as agreed.