Overlap data
90. In advance of the trial Trailfinders produced what was called the ‘overlap data’ that is to say a list of individuals who appear on both Trailfinders’ Superfacts system and on the databases maintained by TCL for use by Mr La Gette and Mr Bishop, together with data relating to those individuals. I did not find it to be of much value. By itself, the existence of clients which were common to both Trailfinders and TCL proved nothing. It could mean that names were passed by Mr La Gette and/or Bishop to TCL in breach of confidence, or alternatively that the identities of overlap clients of TCL were within the experience and skills of Mr La Gette or Mr Bishop, or had been acquired from publicly available sources.
- 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