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ARTICLE · 15 JANUARY 2024

Employer's 'Springboard Injunction' Attempt Falls Flat

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On 4 January 2023, Hong Kong's Court of First Instance refused to grant a ‘springboard injunction' against a former employee to protect the employer's confidential information.

BelgiumEmployment and HR
Jezamine Fewins (Lewis Silkin)
Jezamine Fewins (Lewis Silkin)
Karen Chu
Karen Chu

On 4 January 2023, Hong Kong's Court of First Instance refused to grant a 'springboard injunction' against a former employee to protect the employer's confidential information.

Background

A former employee of DCL Communications left DCL in 2019, and more than 18 months later joined a competitor, Reach Technology Solutions Limited. Both DCL and Reach were in the business of providing services relating to IT infrastructure. Whilst the former employee's employment contract with DCL contained a confidentiality clause, there was no restraint of trade (non-compete) clause to prevent her from working for a competitor following the end of her employment.

In December 2021, a long-standing DCL client decided not to renew its contract with DCL, which had originally been handled by the former employee. Thereafter, another important client told DCL that they had been approached by the former employee, offering Reach's products and services. DCL also heard from

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