An employee intending to enter business for himself may prepare for that step, provided he does not breach terms of his contract of employment or breach the confidence reposed in him by his employers. The duty may be breached by an employee preparing a list of his employer’s customers. The granted relief including an order for delivery up to the plaintiff of all copies or extracts from the plaintiff’s papers in the defendant’s possession or under his control. However, each case must be taken on its own facts and there will be cases where an employee may legitimately canvass, issue circulars, have a place of business ready and hire employees.
Judges:
Hawkins J
Citations:
[1895] 2 QB 1
Cited by:
Appeal From – Robb v Green CA 2-Jan-1895
The lower court had relief granted an order for delivery up to the plaintiff employer of all copies or extracts from the plaintiff’s papers in the defendant’s possession or under his control.
Held: The former employee’s appeal failed.
Cited – Tchenguiz and Others v Imerman CA 29-Jul-2010
Anticipating a refusal by H to disclose assets in ancillary relief proceedings, W’s brothers wrongfully accessed H’s computers to gather information. The court was asked whether the rule in Hildebrand remained correct. W appealed against an order . .
Cited – 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 . .
Cited – 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 . .
Lists of cited by and citing cases may be incomplete.
Employment, Information
Updated: 02 May 2022; Ref: scu.421353
