Trailfinders Ltd v Travel Counsellors Ltd & Ors [2020] EWHC 591 (IPEC) (12 March 2020)

Trailfinders Ltd v Travel Counsellors Ltd & Ors [2020] EWHC 591 (IPEC) (12 March 2020)

The Client Information taken by the Second and Fifth Defendants was confidential and subject to implied contractual and equitable obligations of confidence. Acts of copying or memorising confidential information during employment for use post-employment constituted breaches. TCL is vicariously liable for acts of employees or agents in breach of confidence. The defendants' arguments that information was not confidential or could be obtained from public sources were rejected. Trailfinders is entitled to relief for breach of confidence.

Citation
[2020] EWHC 591 (IPEC)
Parties
Claimant: Trailfinders Limited; First Defendant: Travel Counsellors Limited; Second Defendant: Andrew La Gette; Third Defendant: Laki Economos; Fourth Defendant: Simon Clifford; Fifth Defendant: David Bishop
Jurisdiction
England and Wales
Judgment Date
12 March 2020
Procedural Posture
Intellectual Property Breach of Confidence / Final Judgment After Trial
Outcome
Judgment for the claimant
Legal Topics
Breach of Confidence, Trade Secrets, Implied Contractual Terms, Vicarious Liability, Equitable Obligations
Employment Law Intellectual Property Equity Breach of Confidence Trade Secrets Implied Contractual Terms Vicarious Liability Equitable Obligations

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Parties

Trailfinders Limited

Claimant

Travel Counsellors Limited

First Defendant

Andrew La Gette

Second Defendant

Laki Economos

Third Defendant

Simon Clifford

Fourth Defendant

David Bishop

Fifth Defendant

Procedural Posture

Intellectual Property Breach of Confidence / Final Judgment After Trial

Legal Issues

  1. 1 Whether former employees misused confidential information belonging to Trailfinders
  2. 2 Whether the information constituted confidential information or trade secrets
  3. 3 Whether TCL is vicariously liable for acts of former employees

Ratio Decidendi

The Client Information taken by the Second and Fifth Defendants was confidential and subject to implied contractual and equitable obligations of confidence. Acts of copying or memorising confidential information during employment for use post-employment constituted breaches. TCL is vicariously liable for acts of employees or agents in breach of confidence. The defendants' arguments that information was not confidential or could be obtained from public sources were rejected. Trailfinders is entitled to relief for breach of confidence.

Court Disposition

Judgment for the claimant

Orders

  • Declaration that the Client Information was confidential to Trailfinders
  • Defendants found liable for breach of confidence