Our Firm has recently filed a preventive action accompanied with an ex parte application for the issuance of quia timet injunctions against an ex-employee of our Clients, who threatened to disclose confidential information and defame publicly our Clients.
On the same date, our firm successfully obtained the requested injunctions (in the defendant’s absence) which, inter alia, prevented the defendant personally and/or through his representatives from using or publishing any information or data which he obtained, directly or indirectly as a result of his employment or during his employment with our Clients, to any person, legal entity, public/governmental/semi-governmental, media or social networks in Cyprus or abroad, until the full hearing of the case. The rest of the injunctions prevented the Defendant from making any verbal or written statements regarding our Clients or their employees or directors or their organisational/operational structure, and further ordered the defendant to deliver specific possessions which belonged to our Clients and were obtained by the defendant as a result of his employment.
Even though, the interim orders issued ex parte had such drastic effects and despite the fact that multiple issues/reasons of objection where raised at a later stage by the defendant with the intention of annulling them, the Court, after listening to both sides, made the injunctions permanent/final and further issued an additional order through which the defendant was prevented from communicating or speaking with our Client’s employees, clients, representatives, contracting parties in Cyprus or abroad, regarding the abovementioned information, until the full hearing of the case.
A quia timet (“since he fears”) injunction is an exceptional remedy granted even in cases where no actionable wrong has been committed, where the claimant can clearly establish the reasonableness of his “fear” that unless the injunction is issued, the actionable wrong will occur by the defendant. Its main function is to prevent the occurrence of an actionable wrong, or to prevent repetition of an actionable wrong.