Source: All England Reporter
Publisher Citation: [2006] All ER (D) 255 (Oct)
Court: Chancery Division
Judge:

Lewison J
Representation Victoria Jones (instructed by Browne Jacobson, Nottingham) for the claimant.
  Simon Gorton (instructed by SAS Lawyers, Stockport) for the defendant.
Judgment Dates: 20 October 2006

Catchwords

Confidential information - Injunction against disclosure of information - Breach of confidence - Defendant's contract of employment with claimant company containing confidentiality provisions - Defendant sending emails to her personal account - Defendant subsequently obtaining employment with rival company - Claimant alleging breach of contractual terms and breach of confidence - Whether claim justified.

The Case

It could not be said that the confidential information contained in an email had been used where that email had remained unopened. Accordingly, the claimant's claim against the defendant, its former employee, for breach of contractual terms and breach of confidence in relation to the contract of employment was dismissed in circumstances where the relevant emails had remained unopened and the undertakings given by the defendant were adequate.

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