Aviva Insurance Ltd v Oliver [2019] EWHC 2824 (Comm) (11 November 2019)

Aviva Insurance Ltd v Oliver [2019] EWHC 2824 (Comm) (11 November 2019)

The defendant knew the information was confidential and wrongfully obtained from the claimant, induced breach of contract, participated in unlawful means conspiracy, and is liable for damages equal to the claimant's remediation costs.

Citation
[2019] EWHC 2824 (Comm)
Parties
Claimant: Aviva Insurance Limited; Defendant: David Oliver
Jurisdiction
England and Wales
Judgment Date
11 November 2019
Procedural Posture
Commercial Claim / Final Judgment
Outcome
Claim allowed
Legal Topics
Breach of Confidence, Inducing Breach of Contract, Unlawful Means Conspiracy, Data Protection, Remediation Damages
Commercial Law Tort Law Equity Breach of Confidence Inducing Breach of Contract Unlawful Means Conspiracy Data Protection Remediation Damages

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Parties

Aviva Insurance Limited

Claimant

David Oliver

Defendant

Procedural Posture

Commercial Claim / Final Judgment

Legal Issues

  1. 1 Did the defendant knowingly receive and misuse confidential information wrongfully obtained from the claimant?
  2. 2 Did the defendant induce breach of contract by paying for confidential information?
  3. 3 Did the defendant participate in an unlawful means conspiracy with the employee?

Ratio Decidendi

The defendant knew the information was confidential and wrongfully obtained from the claimant, induced breach of contract, participated in unlawful means conspiracy, and is liable for damages equal to the claimant's remediation costs.

Court Disposition

Claim allowed

Orders

  • Defendant to pay damages of £108,651.59 to claimant