Conclusion
94.Taking all the foregoing matters into account, I have reached the conclusion that I should not grant an order restraining Virtuoso from acting as the solicitors for Final Touch. The likelihood of any confidential information at all being passed to Final Touch is very low. It may also be that any prejudice caused to Glencairn would only be significant if the entirety of the Settlement Agreement were disclosed and I believe that to be extremely unlikely, to the point of being fanciful. 95.As against that, there would without doubt be prejudice to Final Touch if an injunction were granted. The prejudice may not be great but would be of some financial substance and the working relationship with Virtuoso would be lost. 96.In my view the balance of justice is favour of refusing the order sought. The application is dismissed. 1 I note that Mr Sleep’s witness statement says at paragraph 22 that Mr Partington and Mr Walawage attended on behalf of Final Touch. I take this to be a typo. Had Mr Partington and Mr Walawage attended on behalf of Final Touch, by inference Glencairn would have been content that all information disclosed during the mediation would be known to Final Touch and this would have been short judgment.
