Paymaster (Jamaica) Limited and another (Respondents) v Grace Kennedy Remittance Services Limited (Appellant) (Jamaica)

Paymaster (Jamaica) Limited and another (Respondents) v Grace Kennedy Remittance Services Limited (Appellant) (Jamaica)

Paymaster did not own copyright in the software as no implied term assigning copyright could be established; GKRS did not breach confidence as there was insufficient evidence it used Paymaster's business plan; Mr Lowe did not breach confidence as the information provided was not confidential or exploited.

Citation
[2017] UKPC 40
Parties
Appellant/respondent: Paymaster (Jamaica) Limited; Respondent/appellant: Grace Kennedy Remittance Services Limited; Respondent: Paul Lowe
Jurisdiction
United Kingdom
Judgment Date
11 December 2017
Procedural Posture
Civil Appeal / Final Appellate Judgment
Outcome
Appeal by GKRS allowed; Paymaster's appeals dismissed.
Legal Topics
Copyright Ownership, Implied Contractual Terms, Breach of Confidence, Business Plan Confidentiality
Intellectual Property Contract Tort Copyright Ownership Implied Contractual Terms Breach of Confidence Business Plan Confidentiality

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Parties

Paymaster (Jamaica) Limited

Appellant/respondent

Grace Kennedy Remittance Services Limited

Respondent/appellant

Paul Lowe

Respondent

Procedural Posture

Civil Appeal / Final Appellate Judgment

Legal Issues

  1. 1 Whether Paymaster owned copyright in the multi-payment agency software developed by Mr Lowe
  2. 2 Whether GKRS breached confidence by using Paymaster's business plan
  3. 3 Whether Mr Lowe breached confidence by providing software containing Paymaster's information

Ratio Decidendi

Paymaster did not own copyright in the software as no implied term assigning copyright could be established; GKRS did not breach confidence as there was insufficient evidence it used Paymaster's business plan; Mr Lowe did not breach confidence as the information provided was not confidential or exploited.

Court Disposition

Appeal by GKRS allowed; Paymaster's appeals dismissed.

Orders

  • Parties invited to make written submissions on costs within 21 days of judgment.