In a recent High Court decision the Plaintiff, who is a former stud farm worker, sought four injunctions against his former employer so as to prevent them from threatening any bookshops or websites with legal action for defamation for selling his book which detailed his experiences while working on the stud farm. The stud farm worker also sought to compel his former employer and their legal representatives to withdraw all previous threats of legal actions made to bookshops and websites and to provide the Plaintiff with proof that his book was defamatory.
The High Court refused to grant the injunctions sought on the basis that the Plaintiff had not established an arguable cause of action and that he had not proved that damages would not be an adequate remedy. The High Court also noted that the Plaintiff had previously signed an agreement in 2014 which contained a confidentiality agreement, when he had brought previously claims before the Labour Relations Commission against his employer. The High Court held that if the Court granted the injunctions sought that they would be assisting the Plaintiff in relation to clearly established breaches of an agreement which has been performed by both parties and under which the plaintiff received a benefit and so the injunctions were not granted.
This case is quite interesting as it highlights the future ramifications of settlement agreements which contain confidentiality clauses. If you are due to sign such an agreement and are unsure as to what the legal implications of the agreement are, or alternatively, if you wish to use such agreements in your business then please do not hesitate to contact us.
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