Trailfinders Ltd v Travel Counsellors Ltd & Ors

Trailfinders Ltd v Travel Counsellors Ltd & Ors

The Second and Fifth Defendants breached implied contractual and equitable duties of confidence by copying and using confidential client information from Trailfinders for the benefit of TCL. TCL was in breach of an equitable obligation of confidence as it knew or ought to have known the information received was confidential. The franchisees were not employees or agents of TCL for vicarious liability purposes.

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
Civil Breach of Confidence / Trade Secrets / Judgment After Trial
Outcome
Judgment for the Claimant
Legal Topics
Breach of Confidence, Trade Secrets, Implied Contractual Terms, Equitable Obligations, Vicarious Liability, Employee Duties, Franchise Relationships
Employment Law Intellectual Property Law Equity Breach of Confidence Trade Secrets Implied Contractual Terms Equitable Obligations Vicarious Liability +2 more

Case Brief

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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

Civil Breach of Confidence / Trade Secrets / Judgment After Trial

Legal Issues

  1. 1 Whether the defendants misused confidential information belonging to Trailfinders
  2. 2 Whether the information constituted confidential information or trade secrets
  3. 3 Whether TCL was liable for breach of confidence as recipient of the information

Ratio Decidendi

The Second and Fifth Defendants breached implied contractual and equitable duties of confidence by copying and using confidential client information from Trailfinders for the benefit of TCL. TCL was in breach of an equitable obligation of confidence as it knew or ought to have known the information received was confidential. The franchisees were not employees or agents of TCL for vicarious liability purposes.

Court Disposition

Judgment for the Claimant

Orders

  • Declaration that the Second and Fifth Defendants breached implied contractual and equitable duties of confidence owed to Trailfinders
  • Declaration that TCL breached an equitable obligation of confidence owed to Trailfinders