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]