Introduction
1.The Claimant (‘Trailfinders’) is a travel agent with 37 branches in the UK and Ireland, employing over 700 sales consultants. The Second, Third, Fourth and Fifth Defendants are former sales consultants at Trailfinders. In 2016 they left to join the First Defendant (‘TCL’), as did about 40 others by the date of the Particulars of Claim. 2.TCL trades using a franchise model with franchisee travel consultants. The Second to Fifth Defendants are therefore now at least nominally self-employed, although the precise form of this model has become an issue between the parties due to an allegation of vicarious liability on the part of TCL. 3.Trailfinders alleges that when the Second to Fifth Defendants left they took with them the names, contact details and much other information about their clients. It is further alleged that after they left they accessed a Trailfinders’ customer database to obtain further information. Trailfinders says that the Second to Fifth Defendants were thereby in breach of implied terms in their contracts of employment and/or were in breach of equitable obligations of confidence owed to Trailfinders. 4.TCL is also alleged to have been in breach of confidence through having received the other defendants’ confidential customer information and having allowed those defendants to exploit the information for TCL’s and their benefit. Alternatively, TCL is said to have employed the other defendants and is accordingly vicariously liable for their acts. By way of a further alternative argument, it is said that the Second to Fifth Defendants have acted as agents of TCL, making TCL liable for those acts as principal. 5.For reasons of economy and to ensure that the trial would be completed in two days, Trailfinders elected two of the four individual defendants against whom to pursue the case to trial. They chose the Second Defendant (‘Mr La Gette’) and the Fifth Defendant (‘Mr Bishop’). The action was stayed as against the other two individual defendants. 6.Gavin Mansfield QC and Alexander Robson appeared for Trailfinders, Ian Mill QC and Tom Cleaver for TCL and Michael Lee for Mr La Gette and Mr Bishop.
- 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