Injunctions

Increasingly businesses, trade unions and public organisations need to take urgent and immediate steps to stop the costly and sometimes irreparable damage caused from employees’ and directors’ breaches, for example:

• Stealing business-critical data, trade secrets, confidential information and client data
• Poaching key clients and/or personnel
• Setting up competing enterprises
• Moving to a competitor with such data

3PB’s large and successful Employment & Discrimination team provide quick expert advice and support at short notice have all made us the first choice for many law firms, businesses, entrepreneurs and trade union clients faced with making or responding to urgent applications for injunctive relief.

Our barristers understand the need for rapid, accurate and pragmatic advice, thorough preparation conducted under pressure and carefully drafted supporting documents.  Our clerks are particularly experienced in dealing with urgent injunctive cases, liaising with listing, fixing, sealing orders, and liaising with outdoor clerking services.  Members frequently participate in the mediation of urgent disputes both as counsel and as mediators appointed by the parties. Our members are also skilled in conducting negotiations to reach a satisfactory resolution through draft undertakings before going to court; and have an enviable track record in successfully appearing for clients in the High Court where negotiations have failed.

Areas of expertise of our members, include drafting and advising on the full range of employment injunctions, are:

• High Court applications for interim and final injunctions and all court documents to issue proceedings
• Protection and delivery up of confidential information such as customer/client lists, terms of trading, strategic matters, other trade secrets
• Protection of databases to include delivery up and destruction
• Breach of contract, fiduciary duty and directors’ duties
• Team moves
• Enforcement of Post-Termination Restrictive Covenants (non-compete, non-solicitation, non-dealing, non-poaching, geographical restriction, duration, restriction on the type of activity, restriction on the use of information)
• Industrial Action
• Severability of covenants
• Use of “garden leave”
• Disciplinary & Regulatory Injunctions
• Settlement agreements which introduce restrictions
• Third party liability – preventing a new employer from benefiting from a breach of confidentiality

If you would like further information or wish to instruct someone from the Injunctions Team, please contact Russell Porter on [email protected]