Conclusion
137. Mr La Gette and Mr Bishop were each in breach of the term of confidence implied into their respective contracts of employment with Trailfinders and also in breach of an equitable obligation of confidence owed to Trailfinders. TCL was in breach of an equitable obligation of confidence which it owed to Trailfinders.
- Introduction
- Directive 2016/943
- Subject matter and scope Article 1 Subject matter and scope
- Article 2 Definitions
- Lawful acquisition, use and disclosure of trade secrets
- Article 4 Unlawful acquisition, use and disclosure of trade secrets
- Article 5 Exceptions
- Measures, procedures and remedies Section 1 General provisions Article 6 General obligation
- Article 7 Proportionality and abuse of process
- Implied contractual obligations of an employee
- Equitable duty of confidence
- Vicarious liability of an employer
- Clarification of the issues in dispute
- The witnesses
- Whether the information relied on by Trailfinders was confidential
- The duties owed by Mr La Gette and Mr Bishop
- Relevant acts by Mr La Gette
- Relevant acts by Mr Bishop
- Overlap data
- Whether Mr La Gette was in breach of confidence
- Whether Mr Bishop was in breach of confidence
- Alleged breach of confidence by TCL
- Agency and employment
- Conclusion