Paymaster (Jamaica) Limited and another v Grace Kennedy Remittance Services Limited

Paymaster (Jamaica) Limited and another v Grace Kennedy Remittance Services Limited

Paymaster did not own copyright in the software as no term assigning copyright could be implied into the oral contract with Mr Lowe; GKRS did not breach confidence as there was insufficient evidence it used Paymaster's business plan; Mr Lowe did not breach confidence as the information included in the software was not confidential or exploited.

Parties
Appellant/respondent: Paymaster (Jamaica) Limited; Appellant/respondent: Grace Kennedy Remittance Services Limited; Respondent: Paul Lowe
Jurisdiction
England and Wales
Judgment Date
11 December 2017
Procedural Posture
Civil Appeal / Final Appellate Judgment
Outcome
Appeal by GKRS allowed; Paymaster's appeals dismissed.
Legal Topics
Copyright Ownership, Implied Contractual Terms, Breach of Confidence, Confidential Information, Software Licensing
Intellectual Property Contract Law Tort Law Copyright Ownership Implied Contractual Terms Breach of Confidence Confidential Information Software Licensing

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Parties

Paymaster (Jamaica) Limited

Appellant/respondent

Grace Kennedy Remittance Services Limited

Appellant/respondent

Paul Lowe

Respondent

Procedural Posture

Civil Appeal / Final Appellate Judgment

Legal Issues

  1. 1 Whether Paymaster owned copyright in the multi-payment agency software developed by Mr Lowe
  2. 2 Whether GKRS breached confidence by using Paymaster's business plan
  3. 3 Whether Mr Lowe breached confidence by including Paymaster's information in software licensed to GKRS

Ratio Decidendi

Paymaster did not own copyright in the software as no term assigning copyright could be implied into the oral contract with Mr Lowe; GKRS did not breach confidence as there was insufficient evidence it used Paymaster's business plan; Mr Lowe did not breach confidence as the information included in the software was not confidential or exploited.

Court Disposition

Appeal by GKRS allowed; Paymaster's appeals dismissed.

Orders

  • GKRS's appeal in relation to breach of confidence allowed.
  • Paymaster's appeal on copyright ownership and breach of confidence against Mr Lowe dismissed.