Weiss Technik UK Ltd & Ors v Davies & Ors [2022] EWHC 2773 (Ch) (08 November 2022)

Weiss Technik UK Ltd & Ors v Davies & Ors [2022] EWHC 2773 (Ch) (08 November 2022)

The defendants breached express and implied contractual duties of confidence and equitable obligations by providing and using Weiss confidential information, software, passwords, and database extracts for SJJ's competing business. These breaches were induced or procured by Mr Jones/SJJ. Defendants infringed copyright in Weiss software packages and database rights in ServiceLife database. The evidence established deliberate concealment and systematic misuse of confidential materials. Liability is established for breach of confidence, copyright infringement, and database right infringement on the sample categories tried.

Citation
[2022] EWHC 2773 (Ch)
Parties
Claimant: Weiss Technik UK Limited; Claimant: Weiss Technik GmbH; Claimant: Weiss Technik France S.A.S.; Defendant: Mr Christopher Davies; Defendant: SJJ System Services Limited; Defendant: Mr Stephen Jones; Defendant: Mrs Catheryn Whitfield; Defendant: Mr Ben Oram
Jurisdiction
England and Wales
Judgment Date
08 November 2022
Procedural Posture
Intellectual Property Claim / Trial of Liability Only
Outcome
Liability established against all defendants for breach of confidence, copyright infringement, and database right infringement in respect of sample categories tried.
Legal Topics
Breach of Confidence, Copyright Infringement, Database Right Infringement, Breach of Contract, Inducing Breach of Contract, Unlawful Means Conspiracy
Intellectual Property Employment Law Contract Law Breach of Confidence Copyright Infringement Database Right Infringement Breach of Contract Inducing Breach of Contract +1 more

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Parties

Weiss Technik UK Limited

Claimant

Weiss Technik GmbH

Claimant

Weiss Technik France S.A.S.

Claimant

Mr Christopher Davies

Defendant

SJJ System Services Limited

Defendant

Mr Stephen Jones

Defendant

Mrs Catheryn Whitfield

Defendant

Mr Ben Oram

Defendant

Procedural Posture

Intellectual Property Claim / Trial of Liability Only

Legal Issues

  1. 1 Whether defendants breached contractual and/or equitable duties of confidence by providing or using Weiss software, passwords, database, and confidential materials
  2. 2 Whether breaches by certain defendants were induced or procured by Mr Jones/SJJ
  3. 3 Whether defendants infringed copyright in Weiss software packages

Ratio Decidendi

The defendants breached express and implied contractual duties of confidence and equitable obligations by providing and using Weiss confidential information, software, passwords, and database extracts for SJJ's competing business. These breaches were induced or procured by Mr Jones/SJJ. Defendants infringed copyright in Weiss software packages and database rights in ServiceLife database. The evidence established deliberate concealment and systematic misuse of confidential materials. Liability is established for breach of confidence, copyright infringement, and database right infringement on the sample categories tried.

Court Disposition

Liability established against all defendants for breach of confidence, copyright infringement, and database right infringement in respect of sample categories tried.

Orders

  • Defendants found liable for breach of confidence, copyright infringement, and database right infringement.
  • Quantum and further categories stood over for subsequent determination.