Source: All England Reporter
Publisher Citation: [2013] All ER (D) 39 (Jul)
Neutral Citation: [2013] EWCA Civ 780
Court: Court of Appeal, Civil Division

Lewison, Briggs LJJ and Sir Stanley Burnton

Representation Geoffrey Hobbs QC, James Mellor QC and Lindsay Lane (instructed by Fladgate LLP) for the claimants. 
  Iain Purvis QC and Tom Alkin (instructed by Withers LLP) for the defendants.
Judgment Dates: 3 July 2013


Equity - Confidence - Breach of confidence - Claimant Formula 1 team engaging first defendant company to assist with design - Contract between claimant and defendant ending - Defendants using claimant's confidential information - Claimant bringing claim seeking damages for breach of contract - Judge finding first defendant in breach of contract and awarding damages - Claimant appealing - Whether judge erring as to extent of breach of contract - Whether judge erring in assessment of damages.

The Case

Equity Confidence. The claimant Formula One team brought a claim against the defendant aerodynamic testing and development companies alleging, inter alia, breach of contract and misuse of confidential information. The judge held that the first defendant had been in breach of contract but that the extent of the breach was not as great as the claimant had alleged and awarded 25,000 in damages. The claimant appealed. The Court of Appeal, Civil Division, dismissed the appeal holding that the judge's overall finding on the evidence that he had heard was undoubtedly one which he had been entitled to make and that he had made no error of principle in his assessment of damages.

Practice Areas

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