Invista Textiles (UK) Ltd & Anor v Botes & Ors

Invista Textiles (UK) Ltd & Anor v Botes & Ors

The court found no misuse of confidential information or trade secrets by the defendants post-employment. The post-employment non-compete clause was an unreasonable restraint of trade and unenforceable. The non-solicitation clause was enforceable and breached by Dr Botes. The defendants breached their duty of fidelity during employment by working to set up VideraBio. The Chen Library and the patent list were Company Property and not returned as required. No inducement of breach of contract by SilicoLife was established. Delivery up of Company Property was ordered, but no inquiry as to damages was justified.

Parties
Claimant: Invista Textiles (UK) Ltd; Claimant: Invista Technologies SARL; Defendant: Adriana Botes; Defendant: Achuhanunni Chokkathukalam; Defendant: Changlin Chen; Defendant: VideraBio Limited; Defendant: Videra Services Limited
Jurisdiction
England and Wales
Judgment Date
21 January 2019
Procedural Posture
Civil Employment/contract/confidential Information / Judgment After Full Trial
Outcome
Claim for breach of confidence dismissed; claim for breach of contract (return of Company Property) partially succeeds; non-compete clause unenforceable; non-solicitation clause enforceable and breached by Dr Botes; duty of fidelity breached by all individual defendants; no inducement of breach of contract; order...
Legal Topics
Breach of Confidence, Restrictive Covenants, Return of Company Property, Non Solicitation, Duty of Fidelity, Inducement of Breach of Contract
Employment Law Contract Law Intellectual Property Law Breach of Confidence Restrictive Covenants Return of Company Property Non Solicitation Duty of Fidelity +1 more

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Parties

Invista Textiles (UK) Ltd

Claimant

Invista Technologies SARL

Claimant

Adriana Botes

Defendant

Achuhanunni Chokkathukalam

Defendant

Changlin Chen

Defendant

VideraBio Limited

Defendant

Videra Services Limited

Defendant

Procedural Posture

Civil Employment/contract/confidential Information / Judgment After Full Trial

Legal Issues

  1. 1 Whether the defendants misused confidential information/trade secrets post-employment
  2. 2 Whether the defendants retained and failed to return Company Property in breach of contract
  3. 3 Whether the post-employment non-compete and non-solicitation clauses were enforceable and breached

Ratio Decidendi

The court found no misuse of confidential information or trade secrets by the defendants post-employment. The post-employment non-compete clause was an unreasonable restraint of trade and unenforceable. The non-solicitation clause was enforceable and breached by Dr Botes. The defendants breached their duty of fidelity during employment by working to set up VideraBio. The Chen Library and the patent list were Company Property and not returned as required. No inducement of breach of contract by SilicoLife was established. Delivery up of Company Property was ordered, but no inquiry as to damages was justified.

Court Disposition

Claim for breach of confidence dismissed; claim for breach of contract (return of Company Property) partially succeeds; non-compete clause unenforceable; non-solicitation clause enforceable and breached by Dr Botes; duty of fidelity breached by all individual defendants; no inducement of breach of contract; order...

Orders

  • Delivery up of Company Property by defendants to claimants
  • No inquiry as to damages