Create Financial Management LLP v Lee & Anor

The claimant demonstrated a serious issue to be tried regarding alleged breaches of handover and deletion obligations and the nature and length of competitive advantage; damages are not an adequate remedy for the claimant but are adequate for the defendants; interim springboard injunction is justified pending speedy trial; clean hands objections do not bar relief.

Parties: Claimant: Create Financial Management LLP; Defendant: Roger Lee; Defendant: Karen Scott
Jurisdiction: England and Wales
Judgment Date: 17 July 2020
Procedural Posture: Civil / Interim Injunction Application
Outcome: Interim injunction granted pending expedited trial.
Legal Topics: Springboard Injunctions, Breach of Contract, Restrictive Covenants, Confidential Information, Interim Relief

Contract Law Commercial Law Springboard Injunctions Breach of Contract Restrictive Covenants Confidential Information Interim Relief

Case Brief

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Full judgment text Downloadable case file Legal principles 4 Authorities cited 8 Party arguments 2 Amounts and remedies 6

Parties

Create Financial Management LLP

Claimant

Roger Lee

Defendant

Karen Scott

Defendant

Procedural Posture

Civil / Interim Injunction Application

Legal Issues

1 Whether the defendants breached contractual obligations to hand over clients and delete confidential information
2 Whether the defendants gained an unlawful competitive advantage justifying springboard relief
3 Adequacy of damages as remedy for both parties

Ratio Decidendi

Court Disposition

Interim injunction granted pending expedited trial.

Orders

Defendants restrained from directly or indirectly soliciting specified clients pending trial.
Modification of cross-undertaking in damages to include third party (Quilter/Old Mutual Wealth).