Marathon Asset Management LLP & Anor v Seddon & Ors [2017] EWHC 300 (Comm) (22 February 2017)

Marathon Asset Management LLP & Anor v Seddon & Ors [2017] EWHC 300 (Comm) (22 February 2017)

Mr Seddon was found liable for facilitating the copying of confidential documents by Mr Bridgeman with the intention that they be taken for potential use in a competing business. However, as the confidential information was not used and Marathon suffered no financial loss, the court held that 'licence fee damages' were not appropriate and awarded only nominal damages.

Citation
[2017] EWHC 300 (Comm)
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 Court Claim / Judgment After Trial
Outcome
Claim for substantial damages dismissed; nominal damages awarded.
Legal Topics
Breach of Contract, Misuse of Confidential Information, Damages Assessment, Restrictive Covenants, Remedies for Breach
Employment Law Commercial Law Confidential Information Breach of Contract Misuse of Confidential Information Damages Assessment Restrictive Covenants Remedies for Breach

Case Brief

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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 Court Claim / Judgment After Trial

Legal Issues

  1. 1 Whether Mr Seddon is liable for copying confidential files and facilitating their removal by Mr Bridgeman
  2. 2 Whether damages are payable for the removal of confidential information where no actual loss is shown
  3. 3 Appropriate measure of damages for misuse of confidential information

Ratio Decidendi

Mr Seddon was found liable for facilitating the copying of confidential documents by Mr Bridgeman with the intention that they be taken for potential use in a competing business. However, as the confidential information was not used and Marathon suffered no financial loss, the court held that 'licence fee damages' were not appropriate and awarded only nominal damages.

Court Disposition

Claim for substantial damages dismissed; nominal damages awarded.

Orders

  • Mr Seddon and Mr Bridgeman found liable for breach of contract and confidence.
  • Nominal damages of £1 awarded to Marathon.