JN Dairies Ltd. v Johal Dairies Ltd & Anor [2009] EWHC 1331 (Ch) (12 June 2009)

JN Dairies Ltd. v Johal Dairies Ltd & Anor [2009] EWHC 1331 (Ch) (12 June 2009)

The court found on the facts that the second defendant did take the claimant's invoices and provided them to the first defendant, and that the first defendant made use of the information to solicit the claimant's customers. The invoices contained information that was sufficiently confidential to be protected by law, including customer identities and pricing. The defendants' conduct amounted to a misuse of confidential information and an actionable breach of confidence.

Citation
[2009] EWHC 1331 (Ch)
Parties
Claimant: JN Dairies Limited; First Defendant: Johal Dairies Limited; Second Defendant: Gurbir Singh
Jurisdiction
England and Wales
Judgment Date
12 June 2009
Procedural Posture
Civil / Trial of Preliminary Issue
Outcome
Actionable breach of confidence and misuse of confidential information found against both defendants.
Legal Topics
Breach of Confidence, Misuse of Confidential Information, Employment Termination, Business Competition
Commercial Law Equity Breach of Confidence Misuse of Confidential Information Employment Termination Business Competition

Case Brief

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Parties

JN Dairies Limited

Claimant

Johal Dairies Limited

First Defendant

Gurbir Singh

Second Defendant

Procedural Posture

Civil / Trial of Preliminary Issue

Legal Issues

  1. 1 Whether there was an actionable breach of confidence or misuse of confidential information by either defendant in relation to the claimant's invoices
  2. 2 Whether the information in the invoices was sufficiently confidential to be protected by law

Ratio Decidendi

The court found on the facts that the second defendant did take the claimant's invoices and provided them to the first defendant, and that the first defendant made use of the information to solicit the claimant's customers. The invoices contained information that was sufficiently confidential to be protected by law, including customer identities and pricing. The defendants' conduct amounted to a misuse of confidential information and an actionable breach of confidence.

Court Disposition

Actionable breach of confidence and misuse of confidential information found against both defendants.

Orders

  • Declaration that the defendants breached confidence and misused confidential information
  • Injunction restraining further misuse of the claimant's confidential information