Derma Med Ltd (claimants/appellants) & anr v Ally & ors (defendants/respondents)
Tuesday 30 January 2024
The Claimant companies (C) appeal against an order of Bourne J to discharge and refuse to re-grant ex parte injunctions restraining the first Defendant (D1) (a leading practitioner of aesthetic medicine) from competing with the first Claimant in breach of restrictive covenants and misusing C’s confidential information.
D1 left C1’s employ in June 2023 following C1’s discovery that he was competing with it.
C1 applied for interim prohibitory injunction to enforce a restrictive covenant binding on D1, preventing him from competing with it till 24/3/23. That injunction was granted ex parte on 22/6/23 but set aside at hearing on 17/10/23 on basis that Cs breached their duties of full and frank disclosure.
The judge refused to regrant it on basis that damages were an adequate remedy for the Claimants.
The Claimants argues that this decision was wrong.
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