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ARTICLE · 23 SEPTEMBER 2019

Springing Into Act: Preventing Confidential Information Being Used By Former Employee

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

IrelandLitigation, Mediation & Arbitration

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

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This article contains a general summary of developments and is not a complete or definitive statement of the law. Specific legal advice should be obtained where appropriate.

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