IS Innovative Software Ltd v Howes

IS Innovative Software Ltd v Howes

Mr Howes was not liable for unlawful means conspiracy because he did not intend to injure the company and was unaware of the specific detrimental terms in the backdated Main Terms. The employees did not breach their contracts as their conduct did not exceed permissible investigation of alternative employment, and Mr Howes did not induce any breach.

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 Judgment
Outcome
Appeal dismissed
Legal Topics
Unlawful Means Conspiracy, Inducing Breach of Contract, Variation of Employment Contracts, Employee Duties, Summary Dismissal
Employment Law Tort Law Contract Law Unlawful Means Conspiracy Inducing Breach of Contract Variation of Employment Contracts Employee Duties Summary Dismissal

Case Brief

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Parties

IS Innovative Software Ltd

Appellant

Robert Howes

Respondent

Procedural Posture

Civil Appeal / Appeal From High Court Judgment

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 company employees
  3. 3 Whether the employees breached their contracts by assisting a competitor while still employed

Ratio Decidendi

Mr Howes was not liable for unlawful means conspiracy because he did not intend to injure the company and was unaware of the specific detrimental terms in the backdated Main Terms. The employees did not breach their contracts as their conduct did not exceed permissible investigation of alternative employment, and Mr Howes did not induce any breach.

Court Disposition

Appeal dismissed

Orders

  • The company's appeal is dismissed in its entirety.