Leo Davidson successful in obtaining injunction despite open justice principle

Leo Davidson

Leo Davidson successfully represented the Claimant in seeking a final injunction against a former employee who had unlawfully misappropriated company property and confidential information, in Payone GmbH v Logo [2024] EWHC 981 (KB). (Lane J had struck out the Defendant’s defence in November last year: [2023] EWHC 3038 (KB)). Saini J agreed that the information retained its confidential nature despite having been deployed by the former employee in open Employment Tribunal proceedings.

The judgment applied well-established principles on loss of confidentiality to the novel situation where material has been disclosed in open proceedings not by the owner of the document, but by someone who has obtained it unlawfully. Saini J noted in particular the potential for abuse of the open justice principle. The court also explained why it was appropriate for the Defendant to be treated differently to a member of the public.

Leo Davidson acts for the successful Claimant, instructed by Kelly Hagedorn of Orrick, Herrington & Sutcliffe (UK) LLP.