Dismissal by consent

Fox Gregory Ltd v Hamptons Group Ltd and another CA SJ 13 October

The claimant estate agents made investigations in relation to a former employee who had left to work for rival estate agents, the first defendant. When it was discovered that the employee had removed confidential information prior to her departure, the claimant asked her and the first defendant to give undertakings for the delivery up of the property taken. On receiving no satisfactory reply, the claimant issued proceedings for an injunction, which resulted in the defendants giving the undertakings requested. The action was dismissed by consent, but the judge ordered the employee to pay the claimant’s costs and the claimant to pay the first defendant’s costs on the ground that the application was premature.