Case No. IP-2018-000134

75.I find that the implied terms of confidentiality in the contracts of employment between Trailfinders and its employees restrained the employees from using or disclosing the Client Information save in pursuance of the business interests of Trailfinders. 76.That duty ceased after the end of their employment. However, to the extent that any employee acted in breach of the implied term during the course of their employment, liability remains. Such acts in breach would include copying or deliberately memorising any confidential parts of the Client Information for use by the employee after leaving Trailfinders’ employment. 77.The equitable obligation of confidence owed by Trailfinders’ employees was similar, but differed in that the obligation did not cease once Mr La Gette and Mr Bishop left the employment of Trailfinders. That said, the obligation cannot be enforced by Trailfinders in relation to information forming part of the experience and skills acquired during the normal course of their employment with Trailfinders. The latter covers only information that was held in the mind of Mr La Gette or Mr Bishop, as the case may be, when each left Trailfinders’ employment, and excludes any information which was deliberately memorised.