Kieran Corrigan & Co Ltd v Onee Group Ltd & Ors [2023] EWHC 649 (Ch) (23 March 2023)

Kieran Corrigan & Co Ltd v Onee Group Ltd & Ors [2023] EWHC 649 (Ch) (23 March 2023)

The First, Third, and Fourth Defendants misused confidential information relating to the Claimant's tax mitigation structure, which was imparted under circumstances importing an obligation of confidence, and used it to promote their own structure. The Second Defendant was not involved in the misuse. The requirements for breach of confidence and unlawful means conspiracy (post-5 October 2014) were met against the First, Third, and Fourth Defendants. The claim for procuring breach of contract failed as the necessary elements were not established.

Citation
[2023] EWHC 649 (Ch)
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 (business and Property Courts, Chancery Division) / Liability Trial (quantum to Be Determined Separately)
Outcome
Claim allowed in part (liability established for breach of confidence and unlawful means conspiracy against First, Third, and Fourth Defendants; claim for procuring breach of contract dismissed; Second Defendant not liable). Quantum to be determined separately.
Legal Topics
Breach of Confidence, Unlawful Means Conspiracy, Procuring Breach of Contract, Confidential Information, Tax Mitigation Schemes, Non Disclosure Agreements
Equity Commercial Law Intellectual Property Contract Law Tort Law Breach of Confidence Unlawful Means Conspiracy Procuring Breach of Contract +3 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 (business and Property Courts, Chancery Division) / Liability Trial (quantum to Be Determined Separately)

Legal Issues

  1. 1 Whether the Defendants misused confidential information relating to a tax mitigation scheme devised by the Claimant
  2. 2 Whether the Defendants are liable for breach of confidence
  3. 3 Whether the Defendants are liable for procuring breach of contract (NDA)

Ratio Decidendi

The First, Third, and Fourth Defendants misused confidential information relating to the Claimant's tax mitigation structure, which was imparted under circumstances importing an obligation of confidence, and used it to promote their own structure. The Second Defendant was not involved in the misuse. The requirements for breach of confidence and unlawful means conspiracy (post-5 October 2014) were met against the First, Third, and Fourth Defendants. The claim for procuring breach of contract failed as the necessary elements were not established.

Court Disposition

Claim allowed in part (liability established for breach of confidence and unlawful means conspiracy against First, Third, and Fourth Defendants; claim for procuring breach of contract dismissed; Second Defendant not liable). Quantum to be determined separately.

Orders

  • Inquiry as to damages or equitable compensation, or at Claimant's option an account of profits, with order for payment of all sums found due pursuant to the inquiry or account.
  • No injunction or delivery up order (these claims were dropped at trial).