QBE Management Services (UK) Ltd v Dymoke and others [2012] EWHC 80 (QB), [2012] All ER (D) 156 (Jan)
Queen’s Bench Division, Haddon-Cave J, 27 Jan 2012
It was fair and just to grant the claimant an effective final springboard injunction against the defendants, following breaches by the defendants of their respective employment contracts with the claimant and the consequent unfair competitive advantage that was gained.
David Reade QC and Dale Martin (instructed by Mayer Brown International LLP) for the claimant. Selwyn Bloch QC, Damian Brown and Craig Rajgopaul-Hicklin (instructed by Morgan Lewis & Bockius LLP) for the defendants.
In 2005, British Marine, a well-known protection and indemnity marine insurance entity, was acquired by the QBE Insurance Group. The group’s UK employees were employed by the claimant. The fourth defendant was a large provider of support and resources to insurance and re-insurance operations. On 28 April 2011, the first, second, and third defendants resigned from employment with the claimant and expressed the intention of commencing a start-up business with the fourth defendant.