Item Software (UK) Ltd v Fassihi and Others: ChD 5 Dec 2002

Enforcement of confidentiality clause in contract of employment on termination.


N Strauss J


[2002] EWHC 3116 (Ch), [2003] BCC 858, [2003] 2 BCLC 1, [2003] IRLR 769




Apportionment Act 1870


England and Wales


CitedBell v Lever Brothers Ltd HL 15-Dec-1931
Contract – Mutual Mistake Test
Bell was director and chairman of Niger, a subsidiary of Lever Brothers Ltd who dismissed him, offering and paying pounds 30,000 compensation. Lever then discovered that Mr Bell had made secret profits at the expense of Niger for which he could have . .
CitedHorcal Ltd v Gatland ChD 1983
Directors have a positive duty to disclose breaches of fiduciary duty. A failure by a director of a company, as opposed to an employee, to disclose an earlier breach of fiduciary duty would render an agreement terminating his contract of service (on . .

Cited by:

Appeal fromFassihim, Liddiardrams, International Ltd, Isograph Ltd v Item Software (UK) Ltd CA 30-Sep-2004
The first defendant (F) had been employed by a company involved in a distribution agreement. He had sought to set up a competing arrangement whilst a director of the claimant, and diverted a contract to his new company.
Held: A company . .
Lists of cited by and citing cases may be incomplete.


Updated: 08 August 2022; Ref: scu.566718