Information Technology Law Reports - Volume 16 - Issue 4

This issue of Information Technology Law Reports contains two High Court decisions. The first, Allfiled UK Ltd v Dan Eltis and 16 Others concerned the use of confidential information and intellectual property. In granting interim injunctions, the court followed the American Cyanamid case and confirmed that this test should only be departed from in very extreme circumstances. The second case, Gigsky Aps v Vodafone Roaming Services SARL, provided a useful illustration of the court’s approach to granting urgent interim injunctions where there is an arbitration clause but no arbitration is ongoing. This is an example of the court’s wish to protect arbitration agreements by making orders which maintain the status quo, pending the arbitration tribunal’s final decision.

Richard Budworth
Editor, Information Technology Law Reports

Allfiled UK Ltd v Dan Eltis and 16 Others
High Court of Justice
Chancery Division
Hildyard J
19 May 2015
[2015] EWHC 1300 (Ch)

Confidential information - contract - software development company - former directors and employees - interim injunction - American Cyanamid test - balance of convenience - breach of fiduciary duty - non-competition and non-solicit covenants - damages - application granted in part.

Gigsky Aps v Vodafone Roaming Services SARL
High Court of Justice
Queen's Bench Division
HHJ Waksman QC
16 October 2015

Contract ‒ licence agreement - international data roaming services - whether serious issue to be tried - section 44(3) Arbitration Act 1996 - application granted