Kieran Corrigan & Co Ltd v OneE Group Limited & Ors

Kieran Corrigan & Co Ltd v OneE Group Limited & Ors

The Defendants (OneE Group, Dominic Slattery, Timothy Johnson) are liable for breach of confidence and unlawful means conspiracy for misusing confidential information imparted by the Claimant regarding an R&D tax mitigation structure. The information was confidential, imparted under an NDA, and misused in developing and marketing the Nemaura structure. The Second Defendant (Bashir Timol) is not liable as he did not have the requisite knowledge or involvement. The claim for procuring breach of contract fails due to limitation. The claims for breach of confidence and conspiracy are not time-barred in respect of acts after 5 October 2014. The Claimant is entitled to an inquiry as to damages;...

Parties
Claimant: Kieran Corrigan & Co Ltd; First Defendant: OneE Group Limited; Second Defendant: Bashir Timol; Third Defendant: Dominic Slattery; Fourth Defendant: Timothy Johnson
Jurisdiction
England and Wales
Judgment Date
23 March 2023
Procedural Posture
Civil (chancery Division) / Judgment on Liability (split Trial; Quantum Reserved)
Outcome
Claim for breach of confidence and unlawful means conspiracy succeeds against the First, Third, and Fourth Defendants; fails against the Second Defendant. Claim for procuring breach of contract fails (time-barred). Inquiry as to damages ordered; account of profits reserved. Costs order against Defendants for...
Legal Topics
Breach of Confidence, Unlawful Means Conspiracy, Inducing Breach of Contract, Trade Secrets, Limitation of Actions, Remedies (account of Profits, Damages), Corporate Taxation, Research and Development Tax Relief
Equity Commercial Law Intellectual Property Contract Law Tort Law Breach of Confidence Unlawful Means Conspiracy Inducing Breach of Contract +5 more

Case Brief

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Parties

Kieran Corrigan & Co Ltd

Claimant

OneE Group Limited

First Defendant

Bashir Timol

Second Defendant

Dominic Slattery

Third Defendant

Timothy Johnson

Fourth Defendant

Procedural Posture

Civil (chancery Division) / Judgment on Liability (split Trial; Quantum Reserved)

Legal Issues

  1. 1 Whether the Defendants misused confidential information relating to an R&D tax mitigation structure devised by the Claimant
  2. 2 Whether the Defendants are liable for breach of confidence, unlawful means conspiracy, and/or procuring breach of contract
  3. 3 Whether the information had the necessary quality of confidence and was imparted in circumstances importing an obligation of confidence

Ratio Decidendi

The Defendants (OneE Group, Dominic Slattery, Timothy Johnson) are liable for breach of confidence and unlawful means conspiracy for misusing confidential information imparted by the Claimant regarding an R&D tax mitigation structure. The information was confidential, imparted under an NDA, and misused in developing and marketing the Nemaura structure. The Second Defendant (Bashir Timol) is not liable as he did not have the requisite knowledge or involvement. The claim for procuring breach of contract fails due to limitation. The claims for breach of confidence and conspiracy are not time-barred in respect of acts after 5 October 2014. The Claimant is entitled to an inquiry as to damages;...

Court Disposition

Claim for breach of confidence and unlawful means conspiracy succeeds against the First, Third, and Fourth Defendants; fails against the Second Defendant. Claim for procuring breach of contract fails (time-barred). Inquiry as to damages ordered; account of profits reserved. Costs order against Defendants for...

Orders

  • Inquiry as to damages (quantum to be determined)
  • Claimant entitled to apply for account of profits (subject to further submissions)