Source: All England Reporter
Publisher Citation: [2002] All ER (D) 103 (Jan)
Neutral Citation: [2002] EWHC 9 (Ch)
Court: Chancery Division

Ferris J

Representation Andrew Stafford QC (instructed by Eversheds, Manchester) for the claimant.
  Andrew Thomas (instructed by Twitchen Musters & Kelly, Southend-on-Sea) for the first defendant.
  Timothy Charlton QC (instructed by Palmers, Basildon) for the second defendant.
Judgment Dates: 18 January 2002


Equity - Breach of confidence - Confidential information - Claim against first defendant alleging breach of his duties as an employee of claimant - Claimant contending that giving of any assistance by an employee to trade competitor of his employer, even though given in his spare time, breach of employee's duty - Whether wrongful disclosure of confidential information - Whether breach of duty of fidelity.

The Case

There was no term implied into a contract of employment that a man was expected loyally to work for an employer and that any work for a competitor would be regarded as being in breach of trust or failing to give loyal service. There was no implication other than that a man was expected to give loyal service and not do anything which would create substantial harm to his employer.

Practice Areas

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