Henderson & Jones Limited v Salica Investments Limited & Ors

Henderson & Jones Limited v Salica Investments Limited & Ors

The Defendants misused confidential information imparted by the Claimant in circumstances importing an obligation of confidence, using it to develop their own business and software. The information had the necessary quality of confidence, was imparted in confidential circumstances, and was used to the detriment of the Claimant. The Defendants are jointly and severally liable for breach of confidence and as joint tortfeasors under common design. The Claimant is entitled to negotiating damages assessed at £2,154,285, representing the value of the confidential information as determined by a hypothetical negotiation at the date of breach.

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 / Final Judgment After Trial
Outcome
Judgment for the Claimant against the First and Fourth Defendants; joint and several liability established.
Legal Topics
Breach of Confidence, Negotiating Damages, Joint Tortfeasor Liability, Common Design, Document Destruction, Valuation of Confidential Information
Equity Commercial Law Intellectual Property Breach of Confidence Negotiating Damages Joint Tortfeasor Liability Common Design Document Destruction +1 more

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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 / Final Judgment After Trial

Legal Issues

  1. 1 Whether the Defendants misused confidential information imparted by the Claimant
  2. 2 Whether the information had the necessary quality of confidence
  3. 3 Whether the information was imparted in circumstances importing an obligation of confidence

Ratio Decidendi

The Defendants misused confidential information imparted by the Claimant in circumstances importing an obligation of confidence, using it to develop their own business and software. The information had the necessary quality of confidence, was imparted in confidential circumstances, and was used to the detriment of the Claimant. The Defendants are jointly and severally liable for breach of confidence and as joint tortfeasors under common design. The Claimant is entitled to negotiating damages assessed at £2,154,285, representing the value of the confidential information as determined by a hypothetical negotiation at the date of breach.

Court Disposition

Judgment for the Claimant against the First and Fourth Defendants; joint and several liability established.

Orders

  • First and Fourth Defendants to pay negotiating damages of £2,154,285 to the Claimant, together with interest.
  • First and Fourth Defendants found liable for breach of confidence and as joint tortfeasors under common design.