England and Wales Case Law

Guy Carpenter & Company Limited & Ors v Willis Limited & Ors

The court found Mr Summers and Mr Fletcher breached their duties to Guy Carpenter to a limited extent, and Ms Clarke/Willis Re induced and dishonestly assisted most of those breaches. However, most resignations would have occurred lawfully regardless, and the unlawful conduct did not confer a continuing springboard advantage. No ongoing injunctive relief was justified; the period for any springboard relief had expired. The claims for wider injunctive relief, including client and recruitment injunctions, were refused. The question of loss and damages was reserved for later determination.

Source excerpt

• Breach of fiduciary duty
• Inducing breach of contract
• Dishonest assistance
• Unlawful means conspiracy
• Breach of confidence
• Springboard injunctions

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Dare International Ltd v Stephen Soliman & Anor

The High Court considered enforceability of restrictive covenants, springboard relief, and alleged breaches of duty arising from senior traders’ departures.

• Post-termination restraints
• Non-compete covenants
• Springboard injunctions
• Duty of fidelity
• Fiduciary duties
• Unjust enrichment

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Cheshire Estate & Legal Ltd v Blanchfield & Ors

Cheshire Estate & Legal Ltd v Blanchfield & Ors [2024] EWCA Civ 1317 (05 November 2024)

The Court of Appeal dismissed an appeal over alleged fiduciary and contractual breaches by directors preparing to launch a competing firm before resigning.

• Directors' fiduciary duties
• Restrictive covenants
• Springboard injunctions
• Breach of contract
• Confidential information
• Conspiracy to injure by unlawful means

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Guy Carpenter and Company Limited & Ors. v Howden Group Holdings Limited & Ors.

Given the urgency of liability and injunctive relief issues, the need for potential springboard relief before the 2024/25 contracting cycle, and the fact that quantum cannot be fairly assessed until after that cycle, the court orders an expedited trial limited to liability and injunctive relief, with quantum to be tried later. This structure balances the interests of the parties and other litigants and is consistent with established case management principles.

Source excerpt

• Unlawful means conspiracy
• Breach of contract
• Fiduciary duties
• Springboard injunctions
• Team moves
• Confidential information

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Cheshire Estate & Legal Limited v Thomas Oliver Blanchfield & Ors

The respondents' preparatory steps did not amount to a breach of fiduciary or statutory duties, nor breach of contract or restrictive covenants, as their intention to compete was not irrevocable until shortly before resignation, no clients or business were solicited, and no confidential information was misused; no loss or damage to CEL was established, and injunctive relief was not justified.

Source excerpt

• Fiduciary duties
• Restrictive covenants
• Springboard injunctions
• Breach of contract
• Conspiracy
• Confidential information

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Guy Carpenter and Company Ltd & Ors v Howden Group Holdings Ltd & Ors

Guy Carpenter and Company Ltd & Ors v Howden Group Holdings Ltd & Ors [2023] EWHC 1114 (KB) (10 May 2023)

The High Court ordered an expedited trial on liability and injunctive relief in a reinsurance broker team-move dispute, leaving quantum for later.

• Unlawful means conspiracy
• Breach of contract
• Breach of fiduciary duty
• Springboard injunctions
• Team moves
• Post-termination restraints

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Flowcrete UK Ltd & Ors v Vebro Polymers UK Ltd & Ors

Flowcrete UK Ltd & Ors v Vebro Polymers UK Ltd & Ors [2023] EWHC 22 (Comm) (11 January 2023)

The High Court refused to restrain the Claimants from using disputed disclosure documents, finding no clear inadvertent disclosure and no basis for wasted costs.

• Litigation privilege
• Inadvertent disclosure
• Injunctive relief
• Confidential information
• Springboard injunctions
• Wasted costs

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AMOB MACHINERY LIMITED v ANDREW SMITH-HUGHES & ORS.

Interim springboard injunction refused in a dispute over alleged misuse of confidential information, database rights, and customer contacts after the claimant delayed seeking relief.

• Springboard injunctions
• Breach of confidence
• Database rights
• Fiduciary duties
• Unlawful means conspiracy
• Springboard-injunctions

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Flowcrete UK Ltd & Ors v Vebro Polymers UK Ltd & Ors

Flowcrete UK Ltd & Ors v Vebro Polymers UK Ltd & Ors [2022] EWHC 480 (Comm) (03 February 2022)

The court determined costs from interim applications and gave disclosure guidance in a confidential information case involving springboard relief and imaging orders rejected at the later hearing.

• Interim relief
• Confidential information
• Springboard injunctions
• Restrictive covenants
• Disclosure
• Costs orders

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Flowcrete UK Limited & Ors v Vebro Polymers UK Limited & Ors

The High Court resolved costs from failed springboard and imaging applications and gave disclosure guidance on a confidential-information dispute.

• Interim relief
• Springboard injunctions
• Breach of confidence
• Restrictive covenants
• Disclosure
• Costs orders

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