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Alliance Surgical Plc v Byrne and Others: ChD 19 Mar 2018

The Court was asked whether B, either before or after leaving the claimant’s employment, following 10 years’ service, extracted the whole or selected substantial parts of the claimant’s database for his own purposes and without the consent of the claimant, thereby infringing the claimant’s database rights under Regulation 16 of the Copyright and Rights in … Continue reading Alliance Surgical Plc v Byrne and Others: ChD 19 Mar 2018

British Horseracing Board Ltd and Others v William Hill Organization Ltd: CA 31 Jul 2001

The Board had established a database of information about horse racing. It was costly. The defendants recovered the information from a licensed user, and used it for its own business purposes. It was not suggested that the licensee had any right to sub-licence the data. The Board had succeeded, at first instance, in arguing that … Continue reading British Horseracing Board Ltd and Others v William Hill Organization Ltd: CA 31 Jul 2001

Balston Ltd v Headline Filters Ltd and Another: ChD 1990

The claimant, a manufacturer of filter tubes, employed the defendant as a director. He gave notice to leave, but during his notice period, he was contacted by a customer who informed him of a meeting between that customer and the company at which the company had informed them of an impending price increase and that … Continue reading Balston Ltd v Headline Filters Ltd and Another: ChD 1990

The Newspaper Licensing Agency Ltd and Others v Meltwater Holding Bv and Others: CA 27 Jul 2011

The defendant companies provided media monitoring services, automatically searching web-sites for terms of interest. The claimant newspapers operated a licensing system through the first claimant permitting the re-use of the content on its members web-sites. The defendant denied that it required such a licence, saying that the arrangement required, in effect, double licensing. Judges: Sir … Continue reading The Newspaper Licensing Agency Ltd and Others v Meltwater Holding Bv and Others: CA 27 Jul 2011

Intercity Telecom Ltd and Another v Solanki: Merc 27 Feb 2015

Claim for damages for breach of contract and database rights, delivery up of confidential information and injunctive relief against Mr Solanki, a former employee of the Claimants. Held: The court having refused a request for adjournment applied for on medical grounds, proceeded in the defendant’s absence and found in favour of the claimant and awarded … Continue reading Intercity Telecom Ltd and Another v Solanki: Merc 27 Feb 2015

Forensic Telecommunications Services Ltd v West Yorkshire Police and Another: ChD 9 Nov 2011

The claimant alleged infringement by the defendant of assorted intellectual property rights in its database. It provided systems for recovering materials deleted from Nokia mobile phones. Held: ‘the present case is concerned with a collection of numerical data . . the individual items of data are not protected by copyright. It follows that the collection … Continue reading Forensic Telecommunications Services Ltd v West Yorkshire Police and Another: ChD 9 Nov 2011

Whitmar Publications Ltd v Gamage and Others: ChD 4 Jul 2013

Whitmar claimed damages for breach of contract; an account of profits; damages for breach of fiduciary duty and/or for infringement of its Database Rights under the Copyright and Rights in Database Regulations 1997; and for a permanent injunction restraining the Defendants from using and disclosing its confidential information obtained during their employment by Whitmar. Held: … Continue reading Whitmar Publications Ltd v Gamage and Others: ChD 4 Jul 2013

Helmet Integrated Systems Ltd v Tunnard and others: CA 15 Dec 2006

Whilst employed by the claimants as a salesman, the defendant came to want to develop his idea for a modular helmet suitable for fire-fighters and others. He took certain steps including showing the proposal confidentially to a competitor, and then left the company. The claimant brought proceedings alleging breach of a duty of confidentiality toward … Continue reading Helmet Integrated Systems Ltd v Tunnard and others: CA 15 Dec 2006

Football Dataco Ltd and Others v Brittens Pools Ltd (In Action 3222) and Others: ChD 23 Apr 2010

The court considered what rights existed in the annual football fixture lists created by the claimants. The claimants said that the list was created only with a considerable effort applying certain rules. The defendants denied that any copyright existed. Held: The process involved considerable effort and was not deterministic. The Directive seeks to harmonise copyright … Continue reading Football Dataco Ltd and Others v Brittens Pools Ltd (In Action 3222) and Others: ChD 23 Apr 2010

In re H and R (Minors) (Child Sexual Abuse: Standard of Proof): HL 14 Dec 1995

Evidence allowed – Care Application after Abuse Children had made allegations of serious sexual abuse against their step-father. He was acquitted at trial, but the local authority went ahead with care proceedings. The parents appealed against a finding that a likely risk to the children had still been been found. Held: A care order could … Continue reading In re H and R (Minors) (Child Sexual Abuse: Standard of Proof): HL 14 Dec 1995

Imam-Sadeque v Bluebay Asset Management (Services) Ltd: QBD 10 Dec 2012

Popplewell J said: ‘In general terms, it can be said that the duty of fidelity requires an employee not to engage in competitive activity. Nevertheless, it is legitimate for him to undertake competitive activity as soon as he ceases the employment (in the absence of effective post-termination covenants), and not all preparation for such future … Continue reading Imam-Sadeque v Bluebay Asset Management (Services) Ltd: QBD 10 Dec 2012

Ranson v Customer Systems Plc: CA 27 Jun 2012

Lewison LJ considered the contractual duty of fidelity within an employment contract: ‘It is not disputed that an employee has an obligation of fidelity towards his employer. If the obligation is not expressed, it will invariably be implied.Lewison LJ quoted Faccenda Chicken and summarised the position in the following way: ‘What is clear, however, is … Continue reading Ranson v Customer Systems Plc: CA 27 Jun 2012

Nottingham University v Fishel: QBD 19 Jan 2000

When a university embryologist, the respondent, worked abroad he did not act in any breach of fiduciary duty. He remained under a specific duty to direct his fellow embryologists to work in the interests of the university and not in his own financial interest. When receiving financial reward for work undertaken by other embryologists abroad, … Continue reading Nottingham University v Fishel: QBD 19 Jan 2000

Sun Valley Foods Limited v Vincent: 2000

The court considered the grant of ‘springboard relief’. Jonathan Parker J said: ‘For reasons which I have already explained, there is no room for doubt that the defendants have made unlawful use of material in which Sun Valley/Fields has a proprietary interest. But, as Nourse L.J. explained in Bullivant, that in itself is not enough … Continue reading Sun Valley Foods Limited v Vincent: 2000

Lawrence David Limited v Ashton: CANI 1989

The American Cyanamid principles apply in cases of interlocutory injunctions in restraint of trade just as they do in other cases. Citations: [1989] IRLR 22 Jurisdiction: Northern Ireland Citing: Cited – American Cyanamid Co v Ethicon Ltd HL 5-Feb-1975 Interim Injunctions in Patents CasesThe plaintiffs brought proceedings for infringement of their patent. The proceedings were … Continue reading Lawrence David Limited v Ashton: CANI 1989

Brutt Trade Marks: 2007

Citations: [2007] RPC 462 Jurisdiction: England and Wales Cited by: Cited – Whitmar Publications Ltd v Gamage and Others ChD 4-Jul-2013 Whitmar claimed damages for breach of contract; an account of profits; damages for breach of fiduciary duty and/or for infringement of its Database Rights under the Copyright and Rights in Database Regulations 1997; and … Continue reading Brutt Trade Marks: 2007

Lansing Linde v Kerr: CA 1991

Staughton LJ held that ‘trade secrets’ embrace information used in a trade, restricted in its dissemination, and the disclosure of which would be liable to cause real or significant harm to the party claiming confidentiality. He considered the application for an interim injunction; ‘Turning to the present case, I do not consider it at all … Continue reading Lansing Linde v Kerr: CA 1991

American Cyanamid Co v Ethicon Ltd: HL 5 Feb 1975

Interim Injunctions in Patents Cases The plaintiffs brought proceedings for infringement of their patent. The proceedings were defended. The plaintiffs obtained an interim injunction to prevent the defendants infringing their patent, but they now appealed its discharge by the Court of Appeal. Held: The questions which applied when looking for an interim injunction in patent … Continue reading American Cyanamid Co v Ethicon Ltd: HL 5 Feb 1975

Faccenda Chicken Ltd v Fowler: CA 1986

Nature of Confidentiality in Information The appellant plaintiff company had employed the defendant as sales manager. The contract of employment made no provision restricting use of confidential information. He left to set up in competition. The company now sought to prevent him using confidential information for this purpose. Held: The information and the advantage flowing … Continue reading Faccenda Chicken Ltd v Fowler: CA 1986

British Horseracing Board Ltd v William Hill Organisation Ltd: PatC 9 Feb 2001

The defendants received data, prepared and distributed by the claimants, regarding horse races, and incorporated the information into their web pages as part of a betting service. There might have been other, indirect, ways of obtaining the same data, but in practice they would rely on data received by a third party from the claimant. … Continue reading British Horseracing Board Ltd v William Hill Organisation Ltd: PatC 9 Feb 2001

Office of Communications v The Information Commissioner: CA 20 Feb 2009

Grounds for non-disclosure treated cumulatively An applicant had requested disclosure of information regarding the environmental impact of electro-magnetic radiation from mobile phones. The court considered the balance between the need to disclose information and the maintaining of exceptions to disclosure in the public interest, in the context of third party intellectual property rights. The tribunal … Continue reading Office of Communications v The Information Commissioner: CA 20 Feb 2009

Office of Communications v The Information Commissioner: SC 27 Jan 2010

The parties disputed the publication of materials relating to the exact placement of mobile phone masts. The operators wanted the information excepted from disclosure for fear of criminal acts and also said that disclosure would breach their database rights. Held: The Regulations sought merely to transpose the Directive into UK law, and it must be … Continue reading Office of Communications v The Information Commissioner: SC 27 Jan 2010

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