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

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

Paymaster did not establish an implied term assigning copyright in the software; GKRS did not use Paymaster's business plan in breach of confidence; Mr Lowe did not breach confidence by including limited Paymaster information in software licensed to GKRS.

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, Software Licensing
Intellectual Property Contract Law Confidentiality Copyright Ownership Implied Contractual Terms Breach of Confidence Software Licensing

Case Brief

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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 including Paymaster's information in software licensed to GKRS

Ratio Decidendi

Paymaster did not establish an implied term assigning copyright in the software; GKRS did not use Paymaster's business plan in breach of confidence; Mr Lowe did not breach confidence by including limited Paymaster information in software licensed to GKRS.

Court Disposition

Appeal by GKRS allowed; Paymaster's appeals dismissed.

Orders

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