Pell Frischmann -v- Bow Valley and Ors [2007] JRC 105A (31 May 2007)

Pell Frischmann -v- Bow Valley and Ors [2007] JRC 105A (31 May 2007)

The court found that Bow Valley and Bakrie breached their confidentiality agreements with Pell Frischmann by making direct approaches to NIOC and using confidential information to secure the Balal contract. The court held that Pell Frischmann was entitled to remedies for breach of contract and breach of confidence, subject to limitation considerations.

Citation
[2007] JRC 105A
Parties
Plaintiff: Pell Frischmann Engineering Limited; Second Defendant: Bow Valley Engineering Limited; Third Defendant: Bakrie Interinvestindo Co Ltd; Non Party/contracting Authority: National Iranian Oil Company (NIOC)
Jurisdiction
Jersey
Judgment Date
31 May 2007
Procedural Posture
Civil / Judgment
Outcome
Judgment for the Plaintiff in part
Legal Topics
Breach of Contract, Breach of Confidence, Conspiracy, Damages, Account of Profits, Performance Bond, Limitation
Contract Law Equity Commercial Law Confidentiality Breach of Contract Breach of Confidence Conspiracy Damages +3 more

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Parties

Pell Frischmann Engineering Limited

Plaintiff

Bow Valley Engineering Limited

Second Defendant

Bakrie Interinvestindo Co Ltd

Third Defendant

National Iranian Oil Company (NIOC)

Non Party/contracting Authority

Procedural Posture

Civil / Judgment

Legal Issues

  1. 1 Whether Bow Valley and Bakrie breached confidentiality agreements with Pell Frischmann
  2. 2 Whether there was a conspiracy to deprive Pell Frischmann of the Balal contract
  3. 3 Whether Bow Valley and Bakrie misused confidential information supplied by Pell Frischmann

Ratio Decidendi

The court found that Bow Valley and Bakrie breached their confidentiality agreements with Pell Frischmann by making direct approaches to NIOC and using confidential information to secure the Balal contract. The court held that Pell Frischmann was entitled to remedies for breach of contract and breach of confidence, subject to limitation considerations.

Court Disposition

Judgment for the Plaintiff in part

Orders

  • Bow Valley and Bakrie are liable for breach of contract and breach of confidence.
  • Pell Frischmann is entitled to damages or an account of profits, to be assessed.