SERVICE OF CLAIM FORM BY EMAIL ALLOWED: THE SAFEGUARDS TO RESPONDENTS TO WITHOUT NOTICE APPLICATIONS.
The case and issues in Linklaters LLP -v- Mellish  EWHC 177 (QB) have already made the headlines. The procedural aspects of the decision are also of interest. Firstly Mr Justice Warby made an order allowing service of the claim form and accompanying documentation by email. Secondly the judgment sets out the safeguards the courts put in place when making injunctions, even for a short period.
The claimant was seeking an injunction against a former employee on the grounds that the employee was likely to terms of his contract and disclose confidential information. The court granted a without notice injunction on the 31st January 2019. The return date for the hearing is the 11th February 2019.