In the decision in Forse and others v Secarma Ltd and
others, the Court of Appeal of England and Wales upheld a High
Court decision granting an interim springboard injunction and held
that springboard relief must be no greater in scope or duration
than is reasonable to remove a defendant's unfair competitive
advantage.
What is a Springboard Injunction?
A springboard injunction is designed to cancel out the unlawful
advantage, head-start or "springboard" that an employee
may gain through the misuse of its former employer's
confidential information. A normal confidentiality injunction may
not provide sufficient protection for the employer, where the
information has already been used and is no longer confidential.
Therefore, an employer claiming misuse of confidential information
or breach of a restrictive covenant by a former employee may
consider applying for relief by way of a springboard injunction.
Where granted, the springboard injunction puts the employee under