Case No. KB-2025-003035 - [2025] EWHC 2654 (KB)

The defendants have made no submissions on the terms of the draft order other than to oppose an interim injunction. As a matter of fairness to them, I asked Mr Northall whether the clause concerning delivery up of confidential documents was practical and enforceable. For example, Mr Marchant and Mrs Hampton may have client information on their phones. Short of examining the phones, which is out of the question, the Court cannot know whether they have stored information, and it may it be difficult for them to deliver up information on their phones. I suggested that the terms of the injunction might benefit from a list of documents that should be delivered up.

Mr Northall replied by saying that a list might obfuscate rather than clarify what the defendants would need to do. He submitted that modern technology would permit the defendants to transfer information on their phones to the claimant’s solicitor. I heard no submissions to the contrary on this, or any other, aspect of the wording of the injunction and I have therefore been provided with no grounds to amend the wording of the draft order.

The claimant has offered an acceptable cross undertaking in damages.