The defendant appealed a summary judgement on the claimant’s claim with respect to her alleged disclosure of details Miss Campbell’s private life. The claimant sought an action for account of profits for breach of the terms of a contract of service. The defendant claimed that a violent assault by the claimant on her was a repudiation of the contract. There were some issues which must go to trial, but the claimant obtained judgement on those matters relating to her private life.
Held: To defeat an application for summary judgment the respondent must show some ‘real prospect’ of success, even if improbable. Would the obligation of confidence be discharged by a repudiation? Restrictive covenants had been considered before, but not obligations of confidence. The Photo Production case established that not all obligations were defeated by a repudiation. The obligation of confidence survived any repudiation. The defendant argued that the restriction restricted her right of free speech. Here there was no overwhelming public interest argument. There was no prospect of success on this point and the appeal failed.
The Hon Mr Justice Lightman
 EWHC 328 (Ch)
Civil Procedure Rules 24.2, European Convention on Human Rights
England and Wales
Cited – Three Rivers District Council and Others v Governor and Company of The Bank of England (No 3) HL 22-Mar-2001
Misfeasance in Public Office – Recklessness
The bank sought to strike out the claim alleging misfeasance in public office in having failed to regulate the failed bank, BCCI.
Held: Misfeasance in public office might occur not only when a company officer acted to injure a party, but also . .
Doubted – General Billposting Company Limited v Atkinson HL 1908
The employers had dismissed their employee manager ‘in deliberate disregard of the terms of the contract’ in such a way as ‘to evince an intention no longer to be bound by the contract.’ The manager had successfully brought an action for wrongful . .
Cited – Photo Production Ltd v Securicor Transport Ltd HL 14-Feb-1980
Interpretation of Exclusion Clauses
The plaintiffs had contracted with the defendants for the provision of a night patrol service for their factory. The perils the parties had in mind were fire and theft. A patrol man deliberately lit a fire which burned down the factory. It was an . .
Appeal from – Frisbee v Campbell CA 14-Oct-2002
The claimant sought an account against her former employee for the disclosures made by her of their activities. The respondent had signed a confidentiality agreement. The respondent counterclaimed for assault. She now appealed from dismissal of her . .
These lists may be incomplete.
Updated: 08 April 2021; Ref: scu.169987