Source: All England Reporter
Publisher Citation: [2016] All ER (D) 22 (Dec)
Neutral Citation: [2016] EWCA Civ 1214
Court: Court of Appeal, Civil Division

Briggs, Floyd and Christopher Clarke LJJ

Representation Christina Michalos (instructed by Payne Hicks Beach) for the claimants.
  John Baldwin QC and Lindsay Lane (instructed by Charles Russell Speechlys) for Sky.
Judgment Dates: 1 December 2016


Equity - Breach of confidence - Confidential information - Claimants being promoters and co-creators of proposed television show - Claimants alleging defendant company, Sky, copying their programme format to produce its own programme - Claimants commencing proceedings for misuse of confidential information - Judge dismissing claim - Claimants appealing - Whether judge's analysis vitiated by errors of law - Whether judge failing to apply civil standard of proof - Whether judge making wrong inferences.

The Case

Equity Breach of confidence. The Court of Appeal, Civil Division, dismissed the claimants' appeal against a decision of the Chancery Division, in which it was held that the defendant company had not misused confidential information in producing a television programme that was similar to an idea of the claimants'. Among other things, the judge's analysis had not been vitiated by errors of law, and he had not made wrong inferences.

Practice Areas

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