IS Innovative Software Ltd v Howes

IS Innovative Software Ltd v Howes

The appeal was dismissed because Mr Howes did not have the requisite intention to injure the company in relation to the backdated contracts, was unaware of the specific detrimental terms, and did not induce the employees to breach their contracts. The trial judge's findings of fact were not plainly wrong and could not be overturned on appeal.

Parties
Appellant: IS Innovative Software Ltd; Respondent: Robert Howes
Jurisdiction
England and Wales
Judgment Date
19 February 2004
Procedural Posture
Civil Appeal / Appeal From High Court (chancery Division) to Court of Appeal
Outcome
Appeal dismissed
Legal Topics
Unlawful Means Conspiracy, Inducement of Breach of Contract, Variation of Employment Contracts, Summary Dismissal, Damages
Employment Law Tort Law Contract Law Unlawful Means Conspiracy Inducement of Breach of Contract Variation of Employment Contracts Summary Dismissal Damages

Case Brief

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Parties

IS Innovative Software Ltd

Appellant

Robert Howes

Respondent

Procedural Posture

Civil Appeal / Appeal From High Court (chancery Division) to Court of Appeal

Legal Issues

  1. 1 Whether Mr Howes was liable for unlawful means conspiracy in relation to backdated employment contracts
  2. 2 Whether Mr Howes induced breach of contract by employees providing assistance to a competitor while still employed
  3. 3 Whether the trial judge erred in findings of fact regarding the conduct of the employees and Mr Howes

Ratio Decidendi

The appeal was dismissed because Mr Howes did not have the requisite intention to injure the company in relation to the backdated contracts, was unaware of the specific detrimental terms, and did not induce the employees to breach their contracts. The trial judge's findings of fact were not plainly wrong and could not be overturned on appeal.

Court Disposition

Appeal dismissed

Orders

  • Appellant to pay Respondent's costs of the appeal, subject to detailed assessment