Pennwell Publishing (UK) Ltd v Ornstien

Pennwell Publishing (UK) Ltd v Ornstien

The JuniorContacts.xls list was created and maintained on PennWell's Outlook system for business purposes, making it company property; Mr Isles breached express terms of his contract by removing the entire list for use in a competing business. He is not entitled to exclusive or shared use of the list, except for contacts demonstrably predating his employment or purely private contacts. PennWell is entitled to retain the database and a permanent injunction against its use by Mr Isles, subject to limited relief for pre-employment and private contacts.

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
Civil / Judgment
Outcome
Claimant succeeds in principal claim; permanent injunction granted; limited relief for pre-employment and private contacts.
Legal Topics
Confidential Information, Database Rights, Employee Duty of Fidelity, Ownership of Contact Lists, Restrictive Covenants, Freedom of Expression
Employment Law Intellectual Property Contract Law Confidential Information Database Rights Employee Duty of Fidelity Ownership of Contact Lists Restrictive Covenants +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

Civil / 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 his duty of good faith and fidelity by failing to report misuse of confidential information
  3. 3 Ownership and status of the JuniorContacts.xls contact list

Ratio Decidendi

The JuniorContacts.xls list was created and maintained on PennWell's Outlook system for business purposes, making it company property; Mr Isles breached express terms of his contract by removing the entire list for use in a competing business. He is not entitled to exclusive or shared use of the list, except for contacts demonstrably predating his employment or purely private contacts. PennWell is entitled to retain the database and a permanent injunction against its use by Mr Isles, subject to limited relief for pre-employment and private contacts.

Court Disposition

Claimant succeeds in principal claim; permanent injunction granted; limited relief for pre-employment and private contacts.

Orders

  • PennWell entitled to retain JuniorContacts.xls list as delivered up.
  • Permanent injunction preventing Mr Isles from using the list, except for contacts predating his employment or purely private contacts.