QBE Management Services (Ltd) v Dymoke & Ros [2012] EWHC 80 (QB)
Application for springboard relief arising from the resignation of several employees from an insurance broking firm. The application was granted.
The claimant is a niche marine insurance broking firm. During 2011 one of the senior personnel resigned and was placed on garden leave and that was followed by a spate of resignations from other employees who all subsequently became involved in the start up of a rival broking firm. The claimant contended that the resignations were part of a carefully planned covert operation involving misuse of confidential information and so made this application for springboard relief.
This extensive judgement covers the issues of fideility, fidicuary duty, use of confidential information and the law and authorities relevant to applications for springboard relief. Haddon-Cave J, in deciding in favour of the claimant states that
"This is an overwhelming case on the facts. Whatever the precise tests on the law, in my judgment, there could not be a clearer case for 'springboard' relief than the present case."
He then proceeds to grant an injunction preventing the defendants from carrying on their business until April 2012 and awarding damages of £314k for retention, recruitment and claims adjuster costs.
The full judgment can be downloaded in pdf using the link below.
Published: 12/02/2012 11:21