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Article summary

Information Law analysis: The Court of Appeal has handed down one of the first breach of confidence judgments since the Supreme Court’s decision in Lifestyle Equities v Ahmed. While this decision does not meaningfully consider Lifestyle Equities (indeed, the appellant conceded on one of its grounds of appeal due to that judgment), it provides further clarification on the scope of the primary liability of agents or employees of corporate entities in breach of confidence proceedings. It further considers the state of mind which the claimant must establish to have been held by the defendant to sustain a breach of confidence allegation. The judgment also considers and provides guidance for how to deal with documents disclosed late in proceedings (in this case, after a trial on liability and during disclosure as to quantum), and particularly on whether to provide for a retrial in light of such evidence. Written by Mark Nichols,...