Salt Ship Design AS v Prysmian Powerlink SRL

Salt Ship Design AS v Prysmian Powerlink SRL

Salt is likely to recover €5,710,000 as an account of profits for Prysmian’s misuse of confidential information, as the gain to Prysmian is fairly attributable to the wrongful act. The interim payment of €5 million is a reasonable proportion. A publicity order is appropriate and proportionate given the value of the trade secrets, the egregious conduct of Prysmian, and the negative impact on Salt, and will be limited to the relevant web page for six months.

Parties
Claimant: Salt Ship Design AS; Defendant: Prysmian Powerlink SRL
Jurisdiction
England and Wales
Judgment Date
24 December 2021
Procedural Posture
Commercial Court Claim / Post Liability Judgment; Applications for Interim Payment and Publicity Order
Outcome
Interim payment and publicity order granted
Legal Topics
Misuse of Confidential Information, Account of Profits, Interim Payment, Publicity Order, Trade Secrets (enforcement, Etc) Regulations 2018
Commercial Law Intellectual Property Law Misuse of Confidential Information Account of Profits Interim Payment Publicity Order Trade Secrets (enforcement, Etc) Regulations 2018

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Parties

Salt Ship Design AS

Claimant

Prysmian Powerlink SRL

Defendant

Procedural Posture

Commercial Court Claim / Post Liability Judgment; Applications for Interim Payment and Publicity Order

Legal Issues

  1. 1 Whether the claimant is entitled to an interim payment based on an account of profits for misuse of confidential information
  2. 2 Whether a publicity order should be granted under the Trade Secrets (Enforcement, etc) Regulations 2018

Ratio Decidendi

Salt is likely to recover €5,710,000 as an account of profits for Prysmian’s misuse of confidential information, as the gain to Prysmian is fairly attributable to the wrongful act. The interim payment of €5 million is a reasonable proportion. A publicity order is appropriate and proportionate given the value of the trade secrets, the egregious conduct of Prysmian, and the negative impact on Salt, and will be limited to the relevant web page for six months.

Court Disposition

Interim payment and publicity order granted

Orders

  • Prysmian to pay Salt an interim payment of €5,000,000 on account of profits for misuse of confidential information.
  • Prysmian to display a notice on the Leonardo da Vinci vessel page of its website (accessible from UK IP addresses) for six months, stating the High Court’s findings and clarifying that no order prevents trading the vessel.