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Springboard Injunction
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. It potentially has relevance in other jurisdictions. The classic, albeit very wide, definition of the springboard injunction was given by Ronald Roxburgh, Roxburgh J in ''Terrapin Ltd v Builders' Supply Co (Hayes) Ltd'' [1967] RPC 375, 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"''. The underlying legal principle is referred to in this case as the "springboard principle", and in the later Attorney-General v Observer Ltd. case (1990) as the "springboard doctrine". 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.Maynard, ...
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Court Order
A court order is an official proclamation by a judge (or panel of judges) that defines the legal relationships between the parties to a hearing, a trial, an appeal or other court proceedings. Such ruling requires or authorizes the carrying out of certain steps by one or more parties to a case. A court order must be signed by a judge; some jurisdictions may also require it to be notarized. A court order governs each case throughout its entirety. If an individual violates the court order, the judge may hold that person in contempt. Content The content and provisions of a court order depend on the type of proceeding, the phase of the proceedings in which they are issued, and the procedural and evidentiary rules that govern the proceedings. An order can be as simple as setting a date for trial or as complex as restructuring contractual relationships by and between many corporations in a multi- jurisdictional dispute. It may be a final order (one that concludes the court action ...
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Confidential Information
Confidentiality involves a set of rules or a promise sometimes executed through non-disclosure agreement, confidentiality agreements that limits the access to or places restrictions on the distribution of certain types of information. Legal confidentiality By law, lawyers are often required to keep confidential anything on the representation of a client. The duty of confidentiality is much broader than the attorney–client privilege, attorney–client evidentiary privilege, which only covers ''communications'' between the attorney and the client. Both the privilege and the duty serve the purpose of encouraging clients to speak frankly about their cases. This way, lawyers can carry out their duty to provide clients with zealous representation. Otherwise, the opposing side may be able to surprise the lawyer in court with something he did not know about his client, which may weaken the client's position. Also, a distrustful client might hide a relevant fact he thinks is incrimin ...
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Ronald Roxburgh
Sir Ronald Francis Roxburgh (19 November 1889 – 19 August 1981) was a British barrister, High Court judge, and writer on international law and on the history of the Inns of Court. Life Born at Eastbourne, Roxburgh was the only son of Francis Roxburgh (1850-1936) and Annie Gertrude Mortlock (1857-1948).Roxburgh, Sir Ronald Francis
in ''Who Was Who'' (published online December 2007, e-)
After graduating from University of Cambridge, Cambridge, Roxburgh was called to the bar from the Middle Temple in 1914, appointed King's Counsel in 1933, became a Justice of the Chancery Division of the High Court of Justice in 1946, knighted the same year, and retired in 1960. In his early years as a barrister he worked with the German jurist L. F. L. Oppenheim, a founder of the discipline of international law, who was Whewell P ...
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Terrapin Ltd V Builders' Supply Co (Hayes) Ltd
Terrapins are a group of several species of small turtle (order Testudines) living in fresh or brackish water. Terrapins do not form a taxonomic unit and may not be closely related. Many belong to the families Geoemydidae and Emydidae. The name "terrapin" is derived from ', a word in an Algonquian language"Terrapin"
''www.merriam-webster.com'', accessed 9 November 2021
that referred to the species '''' (the diamondback terrapin). It appears that the term became part of common usage during the colonial era of North America and was carried back to Great Britain. Since then, it has been used in common names for freshwater species of Testudines in the English language.Farlex Triv ...
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Injunction
An injunction is an equitable remedy in the form of a special court order compelling a party to do or refrain from doing certain acts. It was developed by the English courts of equity but its origins go back to Roman law and the equitable remedy of the "interdict". "When a court employs the extraordinary remedy of injunction, it directs the conduct of a party, and does so with the backing of its full coercive powers."'' Nken v. Holder''556 U.S. 418, 428 (2009) (citation and internal quotation marks omitted). A party that fails to comply with an injunction faces criminal or civil penalties, including possible monetary sanctions and even imprisonment. They can also be charged with contempt of court. Rationale The injunction is an equitable remedy that was created by the English courts of equity. Like other equitable remedies, it has traditionally been given when a wrong cannot be effectively remedied by an award of money damages. (The doctrine that reflects this is the req ...
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Competition
Competition is a rivalry where two or more parties strive for a common goal which cannot be shared: where one's gain is the other's loss (an example of which is a zero-sum game). Competition can arise between entities such as organisms, individuals, economic and social groups, etc. The rivalry can be over attainment of any exclusive goal, including recognition. Competition occurs in nature, between living organisms which co-exist in the same environment. Animals compete over water supplies, food, mates, and other biological resources. Humans usually compete for food and mates, though when these needs are met deep rivalries often arise over the pursuit of wealth, power, prestige, and fame when in a static, repetitive, or unchanging environment. Competition is a major tenet of market economies and business, often associated with business competition as companies are in competition with at least one other firm over the same group of customers. Competition inside a compan ...
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Attorney-General V Observer Ltd
''Attorney General v Observer Ltd'' 990 is an English tort law case on breach of confidentiality. It also raised questions of the interests of public policy and freedom of expression, under the European Convention on Human Rights, because it involved a spy's publication of secret information. Facts Peter Wright worked for MI5. After retiring he wrote a book called ''Spycatcher'', describing his work. This was in breach of the Official Secrets Act 1911. It was published in Australia and the US. ''The Observer'' and ''The Guardian'' published articles on proceedings in the Australian courts by the UK government to stop the publication. The Attorney General then sought and received an interlocutory injunction restraining publication of information obtained by Wright in June 1986. In July 1987 the ''Sunday Times'' published extracts from the book two days before its publication in the US. The Attorney General sought and was given injunctions to restrain further publication. Bu ...
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Gaby Hardwicke Solicitors
Gaby Hardwicke Solicitors is a law firm in East Sussex, England. It provides business and family law services and has offices in Eastbourne, Bexhill-on-Sea and Hastings, East Sussex. In March 2011, Gaby Hardwicke was the first British law firm to serve a court summons via Facebook. The firm was highly commended for 'Excellence in Learning and Development' in The Law Society's 2018 Excellence Awards. History The firm was founded in 1889 by Dr Frederick Goodwin, a former Gladstonian candidate for Bury St Edmunds, who three years later was joined in practice by Ralph Hale Gaby. Goodwin left the partnership in 1894, most probably due to ill health (he died in 1897 of heart disease), leaving Gaby to continue alone. After the First World War World War I or the First World War (28 July 1914 – 11 November 1918), also known as the Great War, was a World war, global conflict between two coalitions: the Allies of World War I, Allies (or Entente) and the Central Powers. Fighting ...
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Breach Of Contract
Breach of contract is a legal cause of action and a type of civil wrong, in which a binding agreement or bargained-for exchange is not honored by one or more of the parties to the contract by non-performance or interference with the other party's performance. Breach occurs when a party to a contract fails to fulfill its obligation(s), whether partially or wholly, as described in the contract, or communicates an intent to fail the obligation or otherwise appears not to be able to perform its obligation under the contract. Where there is breach of contract, the resulting damages have to be paid to the aggrieved party by the party breaching the contract. If a contract is rescinded, parties are legally allowed to undo the work unless doing so would directly charge the other party at that exact time. What constitutes a breach of contract There exists two elementary forms of breach of contract. The first is actual failure to perform the contract as and when specified constitutes ...
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Sun Valley Foods Ltd V Vincent
The Sun is the star at the centre of the Solar System. It is a massive, nearly perfect sphere of hot plasma, heated to incandescence by nuclear fusion reactions in its core, radiating the energy from its surface mainly as visible light and infrared radiation with 10% at ultraviolet energies. It is by far the most important source of energy for life on Earth. The Sun has been an object of veneration in many cultures. It has been a central subject for astronomical research since antiquity. The Sun orbits the Galactic Center at a distance of 24,000 to 28,000 light-years. Its distance from Earth defines the astronomical unit, which is about or about 8 light-minutes. Its diameter is about (), 109 times that of Earth. The Sun's mass is about 330,000 times that of Earth, making up about 99.86% of the total mass of the Solar System. The mass of outer layer of the Sun's atmosphere, its ''photosphere'', consists mostly of hydrogen (~73%) and helium (~25%), with much smaller ...
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Economic Loss
Economic loss is a technical terminology, term of art which refers to financial loss and damage suffered by a person which is seen only on a balance sheet and not as physical injury to person or property. There is a fundamental distinction between pure economic loss and consequential economic loss, as pure economic loss occurs independent of any physical damage to the person or property of the victim. It has also been suggested that this tort should be called "commercial loss" as injuries to person or property can be regarded as "economic". Examples of pure economic loss include the following: *Loss of income suffered by a family whose principal earner dies in an accident. The physical injury is caused to the deceased, not the family.. *Loss of market value of a property owing to the inadequate specifications of foundations by an architect.. *Loss of production suffered by an enterprise whose electricity supply is interrupted by a contractor excavating a public utility. The latter ...
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Punishment
Punishment, commonly, is the imposition of an undesirable or unpleasant outcome upon an individual or group, meted out by an authority—in contexts ranging from child discipline to criminal law—as a deterrent to a particular action or behavior that is deemed undesirable. It is, however, possible to distinguish between various different understandings of what punishment is. The reasoning for punishment may be to condition a child to avoid self-endangerment, to impose social conformity (in particular, in the contexts of compulsory education or military discipline), to defend norms, to protect against future harms (in particular, those from violent crime), and to maintain the law—and respect for rule of law—under which the social group is governed. and violates the law or rules by which the group is governed. Punishment may be self-inflicted as with self-flagellation and mortification of the flesh in the religious setting, but is most often a form of socia ...
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