Henderson & Jones Ltd v Salica Investments Ltd & Ors [2025] EWHC 475 (Comm) (03 March 2025)

Henderson & Jones Ltd v Salica Investments Ltd & Ors [2025] EWHC 475 (Comm) (03 March 2025)

The Defendants received confidential information from Mr. Gifford regarding the TVC software and business model in circumstances importing an obligation of confidence. The Defendants misused this information to develop their own competing business and software (Vida), thereby breaching their equitable obligations. The Claimant, as assignee, is entitled to relief for the misuse and resulting loss.

Citation
[2025] EWHC 475 (Comm)
Parties
Claimant: Henderson & Jones Limited; First Defendant: Salica Investments Limited; Second Defendant: Digital Home Visits Limited; Third Defendant: Digital Home Visits Technologies Limited; Fourth Defendant: Dominic Anthony Charles Perks
Jurisdiction
England and Wales
Judgment Date
03 March 2025
Procedural Posture
Commercial Court Claim for Breach of Confidence / Final Judgment After Trial
Outcome
Claim allowed in part; judgment for the Claimant against the First and Fourth Defendants for breach of confidence.
Legal Topics
Breach of Confidence, Misuse of Confidential Information, Assignment of Claims, Business Opportunity Misappropriation, Unlawful Means Conspiracy
Commercial Law Intellectual Property Law Equity Breach of Confidence Misuse of Confidential Information Assignment of Claims Business Opportunity Misappropriation Unlawful Means Conspiracy

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Parties

Henderson & Jones Limited

Claimant

Salica Investments Limited

First Defendant

Digital Home Visits Limited

Second Defendant

Digital Home Visits Technologies Limited

Third Defendant

Dominic Anthony Charles Perks

Fourth Defendant

Procedural Posture

Commercial Court Claim for Breach of Confidence / Final Judgment After Trial

Legal Issues

  1. 1 Whether confidential information was imparted by Mr. Gifford to the Defendants in circumstances importing an obligation of confidence
  2. 2 Whether the Defendants misused the confidential information to develop their own business and software (Vida)
  3. 3 Whether there was a common design or unlawful means conspiracy to misuse the confidential information

Ratio Decidendi

The Defendants received confidential information from Mr. Gifford regarding the TVC software and business model in circumstances importing an obligation of confidence. The Defendants misused this information to develop their own competing business and software (Vida), thereby breaching their equitable obligations. The Claimant, as assignee, is entitled to relief for the misuse and resulting loss.

Court Disposition

Claim allowed in part; judgment for the Claimant against the First and Fourth Defendants for breach of confidence.

Orders

  • The First and Fourth Defendants are to pay damages to the Claimant assessed at £1,250,000.
  • The First and Fourth Defendants are restrained by injunction from further use or disclosure of the confidential information.