The witnesses
64.On behalf of Trailfinders I heard evidence from Ross Simpson, its Sales Director, and David Ryder who is a Corporate Travel Supervisor. Stephen Byrne, CEO of TCL gave evidence, as did Mr La Gette and Mr Bishop. 65.I found Mr Simpson and Mr Ryder both to be good witnesses, answering questions clearly and where necessary acknowledging and explaining minor inconsistencies in their witness statements. 66.My impression was that both Mr La Gette and Mr Bishop were for the most part doing their best to give honest evidence, although Mr Bishop was more consistently willing to be direct and clear in the answers he gave. Mr Byrne was reluctant to accept key matters put to him even though, given the documentary evidence, they seemed to warrant acceptance.
- 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