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.
Kay LJ said: ‘On whatever ground it is put, it is clear in this case that an injunction ought to be granted . . The other items of relief granted are the delivery up of the list made and the damages. With regard to the first, it seems to me clear that such a document surreptitiously made in breach of the trust reposed in the servant clearly ought to be given up to be destroyed.’
Judges:
Kay LJ
Citations:
[1895] 2 QB 315
Citing:
Appeal From – Robb v Green 1895
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 . .
Cited by:
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 . .
Lists of cited by and citing cases may be incomplete.
Information, Employment
Updated: 02 May 2022; Ref: scu.421352
