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 was in breach of his employment contract by having an interest in a competing business prior to leaving employment, as his involvement went beyond mere preparatory acts. However, he was not in breach of fiduciary duty or the implied duty of good faith except in relation to permitting a co-defendant to solicit business at a Claimant event. The JuniorContacts.xls list was found to be a hybrid document, originally created by Mr Isles but maintained and used on the Claimant's systems for Claimant business; thus, the Claimant was entitled to retain and use the list, but Mr Isles was also entitled to retain and use contacts demonstrably pre-dating his employment. Article 10 ECHR and...

Citation
[2007] EWHC 1570 (QB)
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 / Judgment After Trial
Outcome
Partially in favour of Claimant
Legal Topics
Breach of Contract, Fiduciary Duties, Confidential Information, Database Rights, Freedom of Expression, Employment Termination, Restrictive Covenants
Employment Law Intellectual Property Confidential Information Breach of Contract Fiduciary Duties Database Rights Freedom of Expression Employment Termination +1 more

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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 / Judgment After Trial

Legal Issues

  1. 1 Whether Mr Isles breached his employment contract by involvement in a competing business before leaving employment
  2. 2 Whether Mr Isles breached fiduciary or other duties by failing to report misconduct of co-defendants
  3. 3 Ownership and confidentiality status of the JuniorContacts.xls contact list

Ratio Decidendi

Mr Isles was in breach of his employment contract by having an interest in a competing business prior to leaving employment, as his involvement went beyond mere preparatory acts. However, he was not in breach of fiduciary duty or the implied duty of good faith except in relation to permitting a co-defendant to solicit business at a Claimant event. The JuniorContacts.xls list was found to be a hybrid document, originally created by Mr Isles but maintained and used on the Claimant's systems for Claimant business; thus, the Claimant was entitled to retain and use the list, but Mr Isles was also entitled to retain and use contacts demonstrably pre-dating his employment. Article 10 ECHR and...

Court Disposition

Partially in favour of Claimant

Orders

  • Declaration that the Claimant is entitled to retain and use the JuniorContacts.xls list for its business purposes
  • Mr Isles is entitled to retain and use contacts demonstrably pre-dating his employment with the Claimant