Murray v Yorkshire Fund Managers Ltd & Anor [1997] EWCA Civ 2958 (11th December, 1997)

Murray v Yorkshire Fund Managers Ltd & Anor [1997] EWCA Civ 2958 (11th December, 1997)

Absent any contractual, fiduciary, or partnership relationship, a co-owner of confidential information is entitled to use it for their own benefit, and cannot be restrained by another co-owner; the consent of the other co-owners to Mr Hartley's use of the information defeats Mr Murray's claim.

Source-derived case information.

Citation
[1997] EWCA Civ 2958
Parties
Plaintiff (respondent): Drummond Murray; First Defendant (respondent): Yorkshire Fund Managers Limited; Second Defendant (appellant): Michael Hartley
Jurisdiction
England and Wales
Procedural Posture
Appeal From High Court (queen's Bench Division, Mercantile List) / Court of Appeal (civil Division) Judgment
Outcome
Appeal allowed; action against Mr Hartley dismissed.
Legal Topics
Breach of Confidence, Co Ownership of Confidential Information, Management Buyout, Equitable Obligations, Springboard Principle
Equity Commercial Law Intellectual Property Breach of Confidence Co Ownership of Confidential Information Management Buyout Equitable Obligations Springboard Principle

Source-derived case record

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 4 Authorities cited 7 Party arguments 2 Amounts and remedies 5
Sign in to unlock

Parties

Drummond Murray

Plaintiff (respondent)

Yorkshire Fund Managers Limited

First Defendant (respondent)

Michael Hartley

Second Defendant (appellant)

Procedural Posture

Appeal From High Court (queen's Bench Division, Mercantile List) / Court of Appeal (civil Division) Judgment

Legal Issues

  1. 1 Whether a co-owner of confidential information can restrain another co-owner from using it for their own benefit absent contract or fiduciary relationship
  2. 2 Whether the use of confidential information by one co-owner to exclude another constitutes a breach of confidence

Ratio Decidendi

Absent any contractual, fiduciary, or partnership relationship, a co-owner of confidential information is entitled to use it for their own benefit, and cannot be restrained by another co-owner; the consent of the other co-owners to Mr Hartley's use of the information defeats Mr Murray's claim.

Court Disposition

Appeal allowed; action against Mr Hartley dismissed.

Orders

  • Agreed minute covering all orders to be lodged by counsel.
  • Leave to appeal to the House of Lords refused.