Wade & Anor v British Sky Broadcasting Ltd

Wade & Anor v British Sky Broadcasting Ltd

The appeal was dismissed because the trial judge was entitled to find, on the evidence, that Sky's show was independently created and did not use the claimants' confidential information, consciously or subconsciously. The judge's approach to the combination of features, the burden of proof, and the weighing of evidence was correct and disclosed no error of law or principle.

Parties
Appellant: Brian Wade; Appellant: Geraldine Perry; Respondent: British Sky Broadcasting Limited
Jurisdiction
England and Wales
Judgment Date
01 December 2016
Procedural Posture
Civil Appeal / Appeal From Chancery Division Judgment
Outcome
appeal dismissed
Legal Topics
Misuse of Confidential Information, Breach of Confidence, Independent Creation, Burden of Proof, Evidential Inference, Copyright Analogy
Intellectual Property Confidential Information Misuse of Confidential Information Breach of Confidence Independent Creation Burden of Proof Evidential Inference Copyright Analogy

Case Brief

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Parties

Brian Wade

Appellant

Geraldine Perry

Appellant

British Sky Broadcasting Limited

Respondent

Procedural Posture

Civil Appeal / Appeal From Chancery Division Judgment

Legal Issues

  1. 1 Whether Sky misused confidential information provided by the claimants in developing 'Must Be The Music'
  2. 2 Whether the combination of features in the claimants' format had the necessary quality of confidence
  3. 3 Whether Sky's show was independently created or copied, consciously or subconsciously, from the claimants' format

Ratio Decidendi

The appeal was dismissed because the trial judge was entitled to find, on the evidence, that Sky's show was independently created and did not use the claimants' confidential information, consciously or subconsciously. The judge's approach to the combination of features, the burden of proof, and the weighing of evidence was correct and disclosed no error of law or principle.

Court Disposition

appeal dismissed