Willis Ltd & Anor v Jardine Lloyd Thompson Group Plc & Ors

Willis Ltd & Anor v Jardine Lloyd Thompson Group Plc & Ors

The judge erred in concluding there was no real risk of further staff recruitment and in failing to properly apply the balance of convenience test. The springboard principle justified interim relief to prevent the respondents from benefiting from alleged wrongdoing. The appeal was allowed and the injunction granted pending the return date.

Parties
Applicant: Willis Ltd & Another; Respondent: Jardine Lloyd Thompson Group PLC & Others
Jurisdiction
England and Wales
Judgment Date
22 April 2015
Procedural Posture
Civil Appeal / Appeal Against Refusal of Interim Injunction
Outcome
Appeal allowed; interim injunction granted pending return date
Legal Topics
Interim Injunctions, Springboard Relief, Employee Poaching, Fiduciary Duties, Contractual Duties
Employment Law Commercial Law Interim Injunctions Springboard Relief Employee Poaching Fiduciary Duties Contractual Duties

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Parties

Willis Ltd & Another

Applicant

Jardine Lloyd Thompson Group PLC & Others

Respondent

Procedural Posture

Civil Appeal / Appeal Against Refusal of Interim Injunction

Legal Issues

  1. 1 Whether the refusal to grant an interim injunction pending the return date was justified
  2. 2 Whether there was a real risk of further poaching of staff justifying injunctive relief
  3. 3 Whether the springboard principle applied to prevent respondents from benefiting from alleged wrongdoing

Ratio Decidendi

The judge erred in concluding there was no real risk of further staff recruitment and in failing to properly apply the balance of convenience test. The springboard principle justified interim relief to prevent the respondents from benefiting from alleged wrongdoing. The appeal was allowed and the injunction granted pending the return date.

Court Disposition

Appeal allowed; interim injunction granted pending return date

Orders

  • Injunction granted in terms sought by the appellants until the return date, with minor drafting adjustments as agreed between parties
  • Claimants' costs in the case