EMJ Plastics Limited v Mekina Industries Limited & Ors

Facts

EMJ Plastics Limited designs and manufactures permanent "formwork" panels — moulded glass reinforced plastic panels onto which steel-reinforced concrete is cast in bridge construction. Mr Baggaley was employed by EMJ from 22 October 2012 until 1 April 2022, as Operations Manager in day to day charge of the business from at least November 2016; Mr Johnson was employed from 17 September 2018 until 11 February 2022, first as Technical Manager and then as Production Manager. Both were subject to one-year post-employment restrictive covenants, expiring on 11 February 2023 and 1 April 2023 respectively. During his notice period Mr Baggaley copied 11,579 EMJ files onto a Toshiba drive; his case was that a director, Mr O'Neill, had asked him to do so. In December 2022 EMJ's Business Development Manager, Mr Mitchell, sent Mr Johnson EMJ's Hot List of sales prospects. The two men, with Dura Group Limited, later incorporated Mekina Industries Limited, which now competes with EMJ. EMJ sued for breach of contract, breach of confidence and Article 4 of the Trade Secrets Directive, copyright and database right infringement, breach of fiduciary duty, unlawful means conspiracy and joint liability. The Trade Secrets Directive and database right claims were not pressed, and by closing the case had narrowed to the Toshiba drive, the Baron WhatsApp messages and the Hot List. The matter came on for trial in the Intellectual Property List.