Liverpool Victoria Legal Friendly Society v. Houston [1900] ScotLR 38_25 (02 November 1900)

Liverpool Victoria Legal Friendly Society v. Houston [1900] ScotLR 38_25 (02 November 1900)

The defender, having acquired confidential information (lists of members) during his employment, breached his implied duty of confidence by supplying such information to a rival society for pecuniary gain, justifying interdict and an award of damages.

Citation
[1900] ScotLR 38_25
Parties
Pursuer: Liverpool Victoria Legal Friendly Society and the trustees for the society; Defender: Samuel Houston
Jurisdiction
Scotland
Judgment Date
02 November 1900
Procedural Posture
Civil / Appeal (reclaiming Motion) From Lord Ordinary to Inner House, Second Division
Outcome
Interdict granted; damages awarded; remainder of action dismissed; appeal refused and judgment of Lord Ordinary adhered to.
Legal Topics
Breach of Confidence, Obligations of Servant, Improper Use of Information, Interdict, Damages
Employment Law Commercial Law Breach of Confidence Obligations of Servant Improper Use of Information Interdict Damages

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Parties

Liverpool Victoria Legal Friendly Society and the trustees for the society

Pursuer

Samuel Houston

Defender

Procedural Posture

Civil / Appeal (reclaiming Motion) From Lord Ordinary to Inner House, Second Division

Legal Issues

  1. 1 Whether a former employee can lawfully use or disclose confidential information (lists of members) obtained during employment for personal gain or to the detriment of the former employer.
  2. 2 Whether the defender's actions constituted a breach of confidence and justified interdict and damages.

Ratio Decidendi

The defender, having acquired confidential information (lists of members) during his employment, breached his implied duty of confidence by supplying such information to a rival society for pecuniary gain, justifying interdict and an award of damages.

Court Disposition

Interdict granted; damages awarded; remainder of action dismissed; appeal refused and judgment of Lord Ordinary adhered to.

Orders

  • Interdict prohibiting the defender from communicating confidential information or delivering lists of members to third parties.
  • Defender to pay £5 in damages to the pursuers.