CSS Limited and Inns -v- Nautech Services Limited [2015] JCA 021 (30 January 2015)

CSS Limited and Inns -v- Nautech Services Limited [2015] JCA 021 (30 January 2015)

The appeal is allowed on the limited basis that the Royal Court did not make a specific finding that the contacts used in the five emails were taken from any of the works specified in Schedule F. The matter is remitted to the Royal Court for determination of this issue. All other grounds of appeal, including those...

Source-derived case information.

Citation
[2015] JCA 021
Parties
Appellant: CSS Limited; Appellant: Christopher Ernest Inns; Respondent: Nautech Services Limited
Jurisdiction
Jersey
Judgment Date
30 January 2015
Procedural Posture
Appeal / Judgment on Appeal From Royal Court
Outcome
Appeal allowed in part and remitted to Royal Court for further determination.
Legal Topics
Copyright Infringement, Confidential Information, Interim Injunctions, Vicarious Liability, Appellate Review of Fact, Database Rights
Intellectual Property Employment Law Civil Procedure Copyright Infringement Confidential Information Interim Injunctions Vicarious Liability Appellate Review of Fact +1 more

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Parties

CSS Limited

Appellant

Christopher Ernest Inns

Appellant

Nautech Services Limited

Respondent

Procedural Posture

Appeal / Judgment on Appeal From Royal Court

Legal Issues

  1. 1 Whether the second appellant used confidential information and/or infringed copyright in Nautech's database
  2. 2 Whether the Royal Court's findings of fact were supported by evidence
  3. 3 Whether the database qualified as original literary work protected by copyright

Ratio Decidendi

The appeal is allowed on the limited basis that the Royal Court did not make a specific finding that the contacts used in the five emails were taken from any of the works specified in Schedule F. The matter is remitted to the Royal Court for determination of this issue. All other grounds of appeal, including those relating to breach of copyright and confidentiality, are rejected as the findings below were supported by evidence and correct legal principles.

Court Disposition

Appeal allowed in part and remitted to Royal Court for further determination.

Orders

  • Remit to the Royal Court the question whether the contacts used in the five emails were taken from any of the works specified in Schedule F.
  • Royal Court may permit further evidence as it thinks fit.