Pennwell Publishing (UK) Ltd v Ornstien [2007] EWHC 1570 (QB) (18 June 2007)

Pennwell Publishing (UK) Ltd v Ornstien [2007] EWHC 1570 (QB) (18 June 2007)

Mr Isles breached the express term of his employment contract by having an interest in a competing business during employment, but did not breach fiduciary duty except in permitting a competitor to attend a PennWell conference. JuniorContacts.xls is confidential information belonging to PennWell, as it was maintained on PennWell systems for business purposes, and Mr Isles is not entitled to retain it to the exclusion of PennWell. Article 10 ECHR and journalistic practice do not override PennWell's proprietary rights in this context.

Citation
[2007] EWHC 1570
Parties
Claimant: Pennwell Publishing (UK) Limited; First Defendant: Nicholas Patrick Ornstien; Second Defendant: Daniel Stanley Noyau; Third Defendant: Junior Isles; Fourth Defendant: The Energy Business Group Limited
Jurisdiction
England and Wales
Judgment Date
18 June 2007
Procedural Posture
High Court Civil Claim / Post Trial Judgment
Outcome
Claimant succeeds in establishing breach of contract and entitlement to confidential information.
Legal Topics
Breach of Contract, Duty of Fidelity, Confidential Information, Database Rights, Freedom of Expression, Fiduciary Duties
Employment Law Confidential Information Intellectual Property Breach of Contract Duty of Fidelity Database Rights Freedom of Expression Fiduciary Duties

Case Brief

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Parties

Pennwell Publishing (UK) Limited

Claimant

Nicholas Patrick Ornstien

First Defendant

Daniel Stanley Noyau

Second Defendant

Junior Isles

Third Defendant

The Energy Business Group Limited

Fourth Defendant

Procedural Posture

High Court Civil Claim / Post Trial Judgment

Legal Issues

  1. 1 Whether Mr Isles breached his employment contract by involvement in a competing business before leaving PennWell
  2. 2 Whether Mr Isles breached fiduciary or other duties by failing to report misuse of confidential information
  3. 3 Ownership and confidentiality status of the JuniorContacts.xls list

Ratio Decidendi

Mr Isles breached the express term of his employment contract by having an interest in a competing business during employment, but did not breach fiduciary duty except in permitting a competitor to attend a PennWell conference. JuniorContacts.xls is confidential information belonging to PennWell, as it was maintained on PennWell systems for business purposes, and Mr Isles is not entitled to retain it to the exclusion of PennWell. Article 10 ECHR and journalistic practice do not override PennWell's proprietary rights in this context.

Court Disposition

Claimant succeeds in establishing breach of contract and entitlement to confidential information.

Orders

  • Mr Isles must return and not use JuniorContacts.xls or any confidential information belonging to PennWell.
  • PennWell is entitled to retain and use the contact list.