Team Tours Direct Ltd v Aspire Sports Tours Ltd & Anor

Team Tours Direct Ltd v Aspire Sports Tours Ltd & Anor

Mr Sharpe was found to have breached his employment contract by taking and using confidential information and breaching restrictive covenants; AST procured these breaches. TTD failed to prove copyright ownership or actionable copying. Damages were awarded on a compensatory and negotiating basis for breach of contract, but not for copyright infringement. Mr Sharpe's counterclaim for wrongful dismissal failed as his conduct amounted to gross misconduct justifying summary dismissal.

Parties
Claimant: Team Tours Direct Limited; First Defendant: Aspire Sports Tours Limited; Second Defendant: Robin Sharpe
Jurisdiction
England and Wales
Judgment Date
19 June 2018
Procedural Posture
Civil (employment/commercial) / Final Judgment After Trial
Outcome
Judgment for the claimant in part; counterclaim dismissed.
Legal Topics
Breach of Employment Contract, Restrictive Covenants, Misuse of Confidential Information, Procurement of Breach of Contract, Copyright Infringement, Damages, Restraint of Trade
Employment Law Contract Law Intellectual Property Law Tort Law Breach of Employment Contract Restrictive Covenants Misuse of Confidential Information Procurement of Breach of Contract +3 more

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Parties

Team Tours Direct Limited

Claimant

Aspire Sports Tours Limited

First Defendant

Robin Sharpe

Second Defendant

Procedural Posture

Civil (employment/commercial) / Final Judgment After Trial

Legal Issues

  1. 1 Whether Mr Sharpe breached his employment contract with TTD by misusing confidential information and breaching restrictive covenants
  2. 2 Whether AST procured Mr Sharpe's breaches of contract
  3. 3 Whether AST and Mr Sharpe infringed TTD's copyright in website and promotional materials

Ratio Decidendi

Mr Sharpe was found to have breached his employment contract by taking and using confidential information and breaching restrictive covenants; AST procured these breaches. TTD failed to prove copyright ownership or actionable copying. Damages were awarded on a compensatory and negotiating basis for breach of contract, but not for copyright infringement. Mr Sharpe's counterclaim for wrongful dismissal failed as his conduct amounted to gross misconduct justifying summary dismissal.

Court Disposition

Judgment for the claimant in part; counterclaim dismissed.

Orders

  • Judgment against Mr Sharpe for £12,929 and against AST for £10,000, with joint and several liability for £10,000.
  • Mr Sharpe's counterclaim dismissed.