Wade & Anor v British Sky Broadcasting Ltd [2016] EWCA Civ 1214 (01 December 2016)

Wade & Anor v British Sky Broadcasting Ltd [2016] EWCA Civ 1214 (01 December 2016)

The claimants failed to prove that Sky used their confidential information in producing its show. The trial judge found, based on comprehensive oral and documentary evidence, that Sky's show was independently created and that no copying, conscious or subconscious, occurred. The combination of features alleged to have been copied did not satisfy the necessary quality of confidence, and the evidential burden was discharged by Sky. The appellate court found no error in the judge's reasoning or assessment of evidence.

Citation
[2016] EWCA Civ 1214
Parties
Appellants: WADE & ANR; Respondents: BRITISH SKY BROADCASTING LIMITED
Jurisdiction
England and Wales
Judgment Date
01 December 2016
Procedural Posture
Civil Appeal / Court of Appeal Judgment
Outcome
appeal dismissed
Legal Topics
Misuse of Confidential Information, Breach of Confidence, Independent Creation, Burden of Proof, Subconscious Copying
Intellectual Property Confidential Information Misuse of Confidential Information Breach of Confidence Independent Creation Burden of Proof Subconscious Copying

Case Brief

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Parties

WADE & ANR

Appellants

BRITISH SKY BROADCASTING LIMITED

Respondents

Procedural Posture

Civil Appeal / Court of Appeal Judgment

Legal Issues

  1. 1 Whether the defendant misused confidential information by copying key features of the claimants' television talent show format
  2. 2 Whether the combination of features alleged to have been copied had the necessary quality of confidence
  3. 3 Whether the defendant's show was independently created without copying

Ratio Decidendi

The claimants failed to prove that Sky used their confidential information in producing its show. The trial judge found, based on comprehensive oral and documentary evidence, that Sky's show was independently created and that no copying, conscious or subconscious, occurred. The combination of features alleged to have been copied did not satisfy the necessary quality of confidence, and the evidential burden was discharged by Sky. The appellate court found no error in the judge's reasoning or assessment of evidence.

Court Disposition

appeal dismissed

Orders

  • No retrial ordered
  • Judgment of Chancery Division affirmed