Lloyds TSB Insurance Services Ltd & Anor v Shanley [2014] EWCA Civ 407 (10 April 2014)

Lloyds TSB Insurance Services Ltd & Anor v Shanley [2014] EWCA Civ 407 (10 April 2014)

The licence granted by Mr Shanley to Halifax for the use of the scoping tool was personal to Halifax and did not extend to Lloyds. There was no evidence that Mr Shanley consented to Lloyds' use or that Halifax was entitled to sub-license or assign the tool to Lloyds. Lloyds' use of the tool therefore constituted copyright infringement and misuse of confidential information. The judge did not err in law or in his findings of fact, and the appeal is dismissed.

Citation
[2014] EWCA Civ 407
Parties
Appellant/defendant: Lloyds TSB Insurance Services Ltd; Appellant/defendant: Halifax General Insurance Services Ltd; Respondent/claimant: James Michael Shanley
Jurisdiction
England and Wales
Judgment Date
10 April 2014
Procedural Posture
Appeal / Court of Appeal Judgment on Appeal From High Court
Outcome
Appeal dismissed
Legal Topics
Copyright Infringement, Breach of Confidence, Software Licensing, Implied Licence, Burden of Proof
Intellectual Property Contract Copyright Infringement Breach of Confidence Software Licensing Implied Licence Burden of Proof

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 1 Party arguments 2
Sign in to unlock

Parties

Lloyds TSB Insurance Services Ltd

Appellant/defendant

Halifax General Insurance Services Ltd

Appellant/defendant

James Michael Shanley

Respondent/claimant

Procedural Posture

Appeal / Court of Appeal Judgment on Appeal From High Court

Legal Issues

  1. 1 Whether Lloyds infringed Mr Shanley's copyright by using the scoping tool without a licence
  2. 2 Whether Halifax breached its duty of confidence and infringed copyright by supplying the tool to Lloyds
  3. 3 Whether an oral or implied licence was granted to Halifax and/or Lloyds

Ratio Decidendi

The licence granted by Mr Shanley to Halifax for the use of the scoping tool was personal to Halifax and did not extend to Lloyds. There was no evidence that Mr Shanley consented to Lloyds' use or that Halifax was entitled to sub-license or assign the tool to Lloyds. Lloyds' use of the tool therefore constituted copyright infringement and misuse of confidential information. The judge did not err in law or in his findings of fact, and the appeal is dismissed.

Court Disposition

Appeal dismissed

Orders

  • Judgment of the High Court affirmed
  • Lloyds found to have infringed copyright and misused confidential information