Last updateTue, 24 Feb 2015 5pm

CONFIDENTIAL INFORMATION: Lessons from a failed injunction

14 July 2017  

A recent case contains important guidance on drafting restrictive covenants, applying for springboard injunctions, handing over emails and complying with procedural rules, explain Rebecca McGuirk and Anna Scott

In Capita plc v Darch [2017], Capita applied for an interim injunction against various ex-employees and a competitor company with which they are associated, Archus Ltd. The case contains a useful discussion of both restrictive covenants and interim injunctions. Interestingly, it also discusses whether an employer may claim emails that employees send from its email account are its property (regardless of whether they are about business matters).

Additional Info

  • Case(s) Referenced:

    American Cyanamid Co v Ethicon Ltd [1975] UKHL 1

    Capita plc & anor v Darch & ors [2017] EWHC 1248 (Ch)

    Environment Agency v Churngold Recycling Ltd [2014] EWCA Civ 909

    Fairstar Heavy Transport NV v Adkins & anor [2013] EWCA Civ 886

    Your Response Ltd v Datateam Business Media Ltd [2014] EWCA Civ 281

Last modified on 14 July 2017