Marathon Asset Management LLP & Anor v Seddon & Ors

Marathon Asset Management LLP & Anor v Seddon & Ors

Where confidential information is copied and retained but not used, and no financial loss or gain is proven, only nominal damages are appropriate; licence fee damages cannot be awarded absent actual misuse or benefit, and remedies must match the scope of the breach.

Parties
Claimant: Marathon Asset Management LLP; Claimant: Marathon Asset Management (Services) Ltd; Defendant: James Seddon; Defendant: Louise Keeling; Defendant: Luke Bridgeman; Defendant: Julius Mort; Defendant: Jennifer Buchanan; Defendant: Global Investment Mandate
Jurisdiction
England and Wales
Judgment Date
22 February 2017
Procedural Posture
Commercial Civil Action / Final Judgment After Trial
Outcome
Judgment for the claimants against Mr Bridgeman and Mr Seddon for nominal damages.
Legal Topics
Breach of Confidence, Misuse of Confidential Information, Employment Contract, Damages Assessment, Accessory Liability, Conspiracy, Remedies
Employment Law Confidentiality Law Contract Law Tort Law Breach of Confidence Misuse of Confidential Information Employment Contract Damages Assessment +3 more

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Parties

Marathon Asset Management LLP

Claimant

Marathon Asset Management (Services) Ltd

Claimant

James Seddon

Defendant

Louise Keeling

Defendant

Luke Bridgeman

Defendant

Julius Mort

Defendant

Jennifer Buchanan

Defendant

Global Investment Mandate

Defendant

Procedural Posture

Commercial Civil Action / Final Judgment After Trial

Legal Issues

  1. 1 Whether Mr Seddon is liable for copying confidential files and sharing them with Mr Bridgeman
  2. 2 Whether Mr Bridgeman is liable for copying and retaining Marathon's confidential documents
  3. 3 Whether damages are payable for misuse of confidential information absent proof of financial loss

Ratio Decidendi

Where confidential information is copied and retained but not used, and no financial loss or gain is proven, only nominal damages are appropriate; licence fee damages cannot be awarded absent actual misuse or benefit, and remedies must match the scope of the breach.

Court Disposition

Judgment for the claimants against Mr Bridgeman and Mr Seddon for nominal damages.

Orders

  • Mr Bridgeman and Mr Seddon to pay £1 each to Marathon Asset Management LLP as nominal damages.