Prosoft Resources Ltd v Griffiths [1999] ScotCS 96 (13 April 1999)

Prosoft Resources Ltd v Griffiths [1999] ScotCS 96 (13 April 1999)

The pursuers failed to establish a strong prima facie case that the defender's knowledge constituted a trade secret or highly confidential information warranting protection. The balance of convenience strongly favoured the defender, as the interim interdict would effectively determine the case and cause disproportionate hardship.

Citation
[1999] ScotCS 96
Parties
Pursuer: Prosoft Resources Limited; Defender: Mark Griffiths
Jurisdiction
Scotland
Judgment Date
13 April 1999
Procedural Posture
Civil / Interim Interdict Recall Motion
Outcome
Interim interdict recalled
Legal Topics
Confidential Information, Restrictive Covenants, Trade Secrets, Interim Interdict, Severance of Contractual Clauses
Employment Law Intellectual Property Contract Law Confidential Information Restrictive Covenants Trade Secrets Interim Interdict Severance of Contractual Clauses

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Parties

Prosoft Resources Limited

Pursuer

Mark Griffiths

Defender

Procedural Posture

Civil / Interim Interdict Recall Motion

Legal Issues

  1. 1 Whether the defender's use of knowledge constitutes breach of confidentiality and restrictive covenants
  2. 2 Whether the information retained by the defender qualifies as a trade secret or highly confidential information
  3. 3 Whether the restrictive covenant is reasonable and enforceable

Ratio Decidendi

The pursuers failed to establish a strong prima facie case that the defender's knowledge constituted a trade secret or highly confidential information warranting protection. The balance of convenience strongly favoured the defender, as the interim interdict would effectively determine the case and cause disproportionate hardship.

Court Disposition

Interim interdict recalled

Orders

  • Recall of interim interdict previously granted against the defender