Buddy says: Yes, the Court of Appeal in Fox Gregory v Spinks [2006]  held that a new employer who failed to provide an undertaking to the former employer not to use confidential information that the employee may have acquired in his former role should pay the costs of any injunction application.

Employer information:In Fox Gregory v Spinks, the new employer ignored the first letter from the former employer asking for an undertaking not to use any confidential information that the employee may have had. In its response to a second letter, the new employer subsequently failed to provide an undertaking by stating that they were looking into the matter, however, an undertaking was eventually provided by the new employer following the former employer's application for an injunction. The Court of Appeal overturned the previous court's decision and held that the new employer was liable for the costs incurred by the former employer in the injunction application as the former employer had in principle won their case by receiving an undertaking.