A springboard injunction is a specific type of court order issued under English and Welsh law, which is typically used to prevent a former employee from misusing their former employer's confidential information. [1] [2] It potentially has relevance in other jurisdictions. [3] [4]
The classic, albeit very wide, definition of the springboard injunction was given by Roxburgh J in Terrapin Ltd v Builders' Supply Co (Hayes) Ltd [1967] RPC 375, [5] namely that it is an injunction whereby a party is: "placed under a special disability in the field of competition in order to ensure that he does not get an unfair start". [5] The underlying legal principle is referred to in this case as the "springboard principle", [5] and in the later Attorney-General v Observer Ltd. case (1990) as the "springboard doctrine". [6] Unlike other forms of injunction, its purpose is to prevent a person gaining an unfair advantage as a result of earlier unlawful activity, not preventing future unlawful activity. [7]
In recent years [ when? ] however the springboard injunction has been confined to cases where former employees threaten to abuse confidential information acquired during the currency of their employment. In an employment context a leading case is that of Roger Bullivant v. Ellis, [8] which arose because Mr Ellis, Bullivant’s managing director, had taken confidential information with him when he left the company to set up a rival business. [7]
Springboard injunctions must meet the pre-requisite conditions that are standard for the granting of injunctions, [9] however, there are additional criteria that the court must be satisfied with before this particular type of relief will be awarded: [10]
A springboard advantage cannot last indefinitely and therefore a springboard injunction usually applies for a specific period. In the Bullivant case referred to above, the injunction was applied "until judgment or further order". [7]