Kerry Ingredients (UK) Ltd v Bakkavor Group Ltd & oRS

Kerry Ingredients (UK) Ltd v Bakkavor Group Ltd & oRS

Bakkavor misused information confidential to Kerry, which was provided for regulatory and safety purposes only, by using it to develop a competing product. The information had the necessary quality of confidence, was imparted in circumstances importing an obligation of confidence, and was used without authorisation. Injunctive relief is appropriate but limited to the period reflecting the head start gained by Bakkavor.

Parties
Claimant: Kerry Ingredients (UK) Limited; Defendant: Bakkavor Group Limited; Defendant: Bakkavor Limited; Defendant: Bakkavor Foods Limited
Jurisdiction
England and Wales
Judgment Date
07 October 2016
Procedural Posture
Civil / Judgment After Trial
Outcome
Claim allowed in part
Legal Topics
Breach of Confidence, Confidential Information, Injunctive Relief, Springboard Injunction, Food Industry Regulation
Commercial Law Equity Breach of Confidence Confidential Information Injunctive Relief Springboard Injunction Food Industry Regulation

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Parties

Kerry Ingredients (UK) Limited

Claimant

Bakkavor Group Limited

Defendant

Bakkavor Limited

Defendant

Bakkavor Foods Limited

Defendant

Procedural Posture

Civil / Judgment After Trial

Legal Issues

  1. 1 Whether the information used by Bakkavor was confidential to Kerry
  2. 2 Whether Bakkavor misused confidential information
  3. 3 Whether an injunction or other relief should be granted

Ratio Decidendi

Bakkavor misused information confidential to Kerry, which was provided for regulatory and safety purposes only, by using it to develop a competing product. The information had the necessary quality of confidence, was imparted in circumstances importing an obligation of confidence, and was used without authorisation. Injunctive relief is appropriate but limited to the period reflecting the head start gained by Bakkavor.

Court Disposition

Claim allowed in part

Orders

  • Injunction granted restraining Bakkavor from using the confidential information until 30 June 2017, in terms similar to the interim order, but not prohibiting development work.
  • Directions for inquiry as to financial relief if Kerry wishes.