United Pan-Europe Communications N.V v Deutsche Bank AG [2000] EWCA Civ 166 (19 May 2000)

United Pan-Europe Communications N.V v Deutsche Bank AG [2000] EWCA Civ 166 (19 May 2000)

UPC has a seriously arguable case for misuse of confidential information and breach of fiduciary duty by DB, entitling UPC to a proprietary remedy; damages are inadequate, and delay does not bar relief. Interim injunction should be granted pending trial.

Citation
[2000] EWCA Civ 166
Parties
Claimant: United Pan-Europe Holdings NV; Defendant: Deutsche Bank AG; Third Party: TeleColumbus GmbH
Jurisdiction
England and Wales
Judgment Date
19 May 2000
Procedural Posture
Civil / Appeal
Outcome
Appeal allowed
Legal Topics
Constructive Trust, Breach of Confidence, Fiduciary Duty, Interim Injunction, Proprietary Remedy
Equity Confidentiality Fiduciary Law Constructive Trust Breach of Confidence Fiduciary Duty Interim Injunction Proprietary Remedy

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Parties

United Pan-Europe Holdings NV

Claimant

Deutsche Bank AG

Defendant

TeleColumbus GmbH

Third Party

Procedural Posture

Civil / Appeal

Legal Issues

  1. 1 Whether DB misused confidential information obtained from UPC
  2. 2 Whether DB breached a fiduciary duty of loyalty owed to UPC
  3. 3 Whether UPC is entitled to a proprietary remedy (constructive trust) over shares in TC

Ratio Decidendi

UPC has a seriously arguable case for misuse of confidential information and breach of fiduciary duty by DB, entitling UPC to a proprietary remedy; damages are inadequate, and delay does not bar relief. Interim injunction should be granted pending trial.

Court Disposition

Appeal allowed

Orders

  • Interim injunction granted in form sought by notice of appeal
  • Paragraphs 1 and 2 of Jacob J's order set aside