Team Tours Direct Ltd v Aspire Sports Tours Ltd & Anor [2018] EWHC 1541 (QB) (19 June 2018)

Team Tours Direct Ltd v Aspire Sports Tours Ltd & Anor [2018] EWHC 1541 (QB) (19 June 2018)

Mr Sharpe was found to have breached his employment contract by copying and retaining confidential information, using it to solicit TTD's customers and suppliers, and enabling AST to compete using TTD's data. The restrictive covenants and confidentiality clauses were reasonable and enforceable. Mr Sharpe's conduct amounted to gross misconduct, justifying summary dismissal. TTD was entitled to compensatory damages for proven losses but not for speculative or unsubstantiated claims.

Citation
[2018] EWHC 1541
Parties
Claimant: Team Tours Direct Limited; First Defendant: Aspire Sports Tours Limited; Second Defendant: Robin Sharpe
Jurisdiction
England and Wales
Judgment Date
19 June 2018
Procedural Posture
Commercial Breach of Contract and Confidential Information Misuse / High Court Trial Judgment
Outcome
Claim for breach of contract and misuse of confidential information succeeded in part; counterclaim for wrongful dismissal dismissed.
Legal Topics
Breach of Contract, Restrictive Covenants, Confidential Information, Wrongful Dismissal, Damages, Copyright Infringement
Employment Law Contract Law Intellectual Property Commercial Law Breach of Contract Restrictive Covenants Confidential Information Wrongful Dismissal +2 more

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Parties

Team Tours Direct Limited

Claimant

Aspire Sports Tours Limited

First Defendant

Robin Sharpe

Second Defendant

Procedural Posture

Commercial Breach of Contract and Confidential Information Misuse / High Court Trial Judgment

Legal Issues

  1. 1 Whether Mr Sharpe breached his employment contract by misusing confidential information and soliciting customers/suppliers
  2. 2 Whether restrictive covenants and confidentiality clauses were enforceable
  3. 3 Whether Mr Sharpe was wrongfully dismissed

Ratio Decidendi

Mr Sharpe was found to have breached his employment contract by copying and retaining confidential information, using it to solicit TTD's customers and suppliers, and enabling AST to compete using TTD's data. The restrictive covenants and confidentiality clauses were reasonable and enforceable. Mr Sharpe's conduct amounted to gross misconduct, justifying summary dismissal. TTD was entitled to compensatory damages for proven losses but not for speculative or unsubstantiated claims.

Court Disposition

Claim for breach of contract and misuse of confidential information succeeded in part; counterclaim for wrongful dismissal dismissed.

Orders

  • Mr Sharpe and AST to pay damages to TTD for proven losses caused by breaches of contract and misuse of confidential information.
  • Counterclaim for wrongful dismissal dismissed.