Poeton Industries Ltd & Anor v Michael Ikem Horton & Anor [2000] EWCA Civ 180 (26 May 2000)

Poeton Industries Ltd & Anor v Michael Ikem Horton & Anor [2000] EWCA Civ 180 (26 May 2000)

The design and configuration of Aptec's plating cell, except for a specific confidential feature (X), did not attain the degree of confidentiality required to be a trade secret within Class 3 of Faccenda Chicken v Fowler. The features were either in the public domain or obvious consequences of known processes. Mr Horton did not deliberately memorise or remove confidential information, and what he retained was part of his general knowledge. Therefore, Aptec's claim for breach of confidence failed, and the injunctions were discharged.

Citation
[2000] EWCA Civ 180
Parties
Plaintiff: Aptec; Defendant: Mr Horton; Defendant: UK Cylinders Ltd
Jurisdiction
England and Wales
Judgment Date
26 May 2000
Procedural Posture
Civil Appeal / Appeal Judgment
Outcome
appeal allowed
Legal Topics
Breach of Confidence, Trade Secrets, Post Employment Obligations, Injunctive Relief
Employment Law Intellectual Property Law Breach of Confidence Trade Secrets Post Employment Obligations Injunctive Relief

Case Brief

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Parties

Aptec

Plaintiff

Mr Horton

Defendant

UK Cylinders Ltd

Defendant

Procedural Posture

Civil Appeal / Appeal Judgment

Legal Issues

  1. 1 Whether the design and configuration of Aptec's plating cell constituted a protectable trade secret under the law of confidence after termination of employment
  2. 2 Whether Mr Horton misused confidential information belonging to Aptec
  3. 3 Whether injunctive relief was appropriate against Mr Horton

Ratio Decidendi

The design and configuration of Aptec's plating cell, except for a specific confidential feature (X), did not attain the degree of confidentiality required to be a trade secret within Class 3 of Faccenda Chicken v Fowler. The features were either in the public domain or obvious consequences of known processes. Mr Horton did not deliberately memorise or remove confidential information, and what he retained was part of his general knowledge. Therefore, Aptec's claim for breach of confidence failed, and the injunctions were discharged.

Court Disposition

appeal allowed

Orders

  • Order of Pumfrey J set aside and injunction discharged
  • Claimant to pay first defendant's costs of appeal and application for security for costs, subject to detailed assessment if not agreed