Charlotte Davies appears in High Court springboard injunction application

Charlotte Davies (2007) has appeared on behalf of the applicant at two hearings in the High Court in an application for springboard injunctive relief.

Springboard injunctions are designed to prevent a wrongdoer from enjoying an unfair competitive head-start obtained through serious misconduct – typically misuse of confidential information, breach of fiduciary duty, or breach of contractual restrictions. The name derives from Roxburgh J’s observation in Terrapin Ltd v Builders’ Supply Co (Hayes) Ltd [1967] RPC 375 that a person who has used another’s confidential information as a “springboard” for activities detrimental to the owner should not be allowed to retain that launching pad. The order is intended to deprive the defendant of the advantage actually gained, restoring the parties to the competitive position they would have occupied had the defendant acted lawfully.

Originally confined to confidential information cases, the doctrine was expanded by Openshaw J in UBS Wealth Management (UK) Ltd v Vestra Wealth LLP [2008] EWHC 1974 (QB) to cover other serious wrongdoing, notably team-move cases involving combined breaches of contractual and fiduciary duties. The modern principles were drawn together by Haddon-Cave J in QBE Management Services (UK) Ltd v Dymoke [2012] EWHC 80 (QB): the breach must be serious, the claimant must demonstrate a real and continuing unfair advantage, the relief must be proportionate, and its duration must not exceed the period over which that advantage would realistically endure. The Court of Appeal revisited the remedy in Forse v Secarma Ltd [2019] EWCA Civ 215, stressing that springboard relief is not punitive but strictly remedial, and that courts should approach duration with particular care so as to neutralise the head-start without penalising the defendant beyond that point.

Substantive proceedings remain ongoing.

Charlotte has a busy and diverse civil practice, with specialist areas including contractual matters, land and property disputes, and personal injury.

If you wish to discuss anything in this article or you wish to instruct Charlotte you can contact her clerks on civilclerks@kbgchambers.co.uk