The scope for springboard injunctions in Hong Kong has been
confirmed by the Hong Kong Court of First Instance (CFI) as
extending to circumstances where contractual or fiduciary duties
have been breached. The CFI found, in McLarens Hong Kong Ltd v
Poon Chi Fai Corey, that a breach by senior employees
of their fiduciary duties and/or duty of good faith and fidelity
are grounds on which springboard relief may be sought under Hong
Kong law.
Traditional scope of springboard injunctions
Springboard injunctions are usually sought to prevent a former
employee who has used confidential information to his/her own
advantage from gaining a head start (or springboard) in competition
with the former employer. An ordinary injunction may not be
effective in such circumstances where the confidential information
has already been used and may no longer be confidential.
Springboard injunctions can be particularly useful when dealing
with team moves as they can form the basis for