Aviva Insurance Ltd v Oliver

Aviva Insurance Ltd v Oliver

The defendant knew the data was confidential, wrongfully obtained from the claimant's systems, and acted in concert with Miss Carruthers to sell the data, thereby committing breach of confidence, inducing breach of contract, and unlawful means conspiracy. The claimant is entitled to damages for remediation costs.

Parties
Claimant: Aviva Insurance Limited; Defendant: David Oliver
Jurisdiction
England and Wales
Judgment Date
11 November 2019
Procedural Posture
Civil / Judgment
Outcome
Judgment for the claimant
Legal Topics
Breach of Confidence, Inducing Breach of Contract, Unlawful Means Conspiracy, Data Protection Act 1988, Remediation Damages

Case Brief

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Parties

Aviva Insurance Limited

Claimant

David Oliver

Defendant

Procedural Posture

Civil / Judgment

  1. 1 Whether the defendant knew the data was wrongfully obtained
  2. 2 Liability for breach of confidence
  3. 3 Liability for inducing breach of contract

Ratio Decidendi

The defendant knew the data was confidential, wrongfully obtained from the claimant's systems, and acted in concert with Miss Carruthers to sell the data, thereby committing breach of confidence, inducing breach of contract, and unlawful means conspiracy. The claimant is entitled to damages for remediation costs.

Court Disposition

Judgment for the claimant

Orders

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