Nautech Services Limited -v- CSS Limited and Ors [2014] JRC 159 (26 August 2014)

Nautech Services Limited -v- CSS Limited and Ors [2014] JRC 159 (26 August 2014)

Mr Inns, the fourth respondent, breached the interim injunction by using information derived from Nautech's confidential databases, specifically by sending five emails to contractors using contact details exported from Nautech's systems to his Gmail account after the injunction. CSS Limited is vicariously liable for these breaches. The information used was confidential and subject to copyright. The breaches were proved to the criminal standard required for contempt.

Citation
[2014] JRC 159
Parties
Applicant: Nautech Services Limited; First Respondent: CSS Limited; Second Respondent: Mr Ryan Dunning; Third Respondent: Mr Stephen Coleman; Fourth Respondent: Mr Christopher Inns; Fifth Respondent: Mr Kevin Gollop
Jurisdiction
Jersey
Judgment Date
26 August 2014
Procedural Posture
Contempt of Court Application / Judgment After Full Hearing
Outcome
Contempt established against Mr Inns and CSS Limited; other respondents not found in contempt.
Legal Topics
Copyright Infringement, Confidential Information, Interim Injunctions, Contempt of Court, Vicarious Liability
Intellectual Property Employment Law Civil Procedure Copyright Infringement Confidential Information Interim Injunctions Contempt of Court Vicarious Liability

Case Brief

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Parties

Nautech Services Limited

Applicant

CSS Limited

First Respondent

Mr Ryan Dunning

Second Respondent

Mr Stephen Coleman

Third Respondent

Mr Christopher Inns

Fourth Respondent

Mr Kevin Gollop

Fifth Respondent

Procedural Posture

Contempt of Court Application / Judgment After Full Hearing

Legal Issues

  1. 1 Whether the respondents breached the interim injunction by using Nautech's confidential information and/or infringing its copyright
  2. 2 Whether the information used was confidential and subject to copyright
  3. 3 Whether CSS is vicariously liable for breaches by its agents/employees

Ratio Decidendi

Mr Inns, the fourth respondent, breached the interim injunction by using information derived from Nautech's confidential databases, specifically by sending five emails to contractors using contact details exported from Nautech's systems to his Gmail account after the injunction. CSS Limited is vicariously liable for these breaches. The information used was confidential and subject to copyright. The breaches were proved to the criminal standard required for contempt.

Court Disposition

Contempt established against Mr Inns and CSS Limited; other respondents not found in contempt.

Orders

  • Declaration that Mr Inns breached the interim injunction and is in contempt of court.
  • Declaration that CSS Limited is vicariously liable for the breaches by Mr Inns.