Force India in the Court of Appeal – a winning formula?

22 July 2013

The Court of Appeal in Force India has recently provided some helpful guidance on breach of confidence in the commercial arena1.

Clarification was provided on:

  • what should be protected when employees' own skill and knowledge has been enhanced by confidential information they have been given
  • whether a party can take advantage of the public domain defence when he has not, in fact, obtained information from the public domain
  • on which party the burden lies when seeking to take advantage of exceptions to a contractual definition of confidential information
  • when equity may assist where the parties have a contract in place
  • the scope of the confidential information to which the Wrotham Park hypothetical bargainrelates.

It also provides a useful reminder of the rules relating to repudiation of a contract, the admissibility of hearsay evidence and the narrow basis on which the Court of Appeal can revisit the underlying facts.

Please click here for the full article

  1. Force India Formula One Team Limited v Aerolab SRL and others [2013] EWCA CIV 780 dated 3 July 2013.
  2. Wrotham Park Estate Co Ltd v Parkside Homes Ltd [1974] 1 WLR 798

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