On his departure, he set up the business SJJ System Services (“SJJ”), in competition with Weiss. Mr Jones, one of the defendants, left his employment with Weiss. What happened in the Weiss Technik UK v Davies breach of confidential information claim? įrom the employees’ perspective, the Weiss Technik confidential information case is a salutary reminder of the importance of complying with obligations of confidentiality both during, and after, employment. In many cases, employers should be able to rely on Weiss Technik UK v Davies to take pre-emptive injunctive action – that is, to prevent the misuse of confidential information before any damage is actually done. The decision should enable employers to take action much more quickly and effectively against departing or disgruntled employees who have taken confidential information unlawfully. Rather, it is sufficient to show that a defendant deliberately and surreptitiously obtained and retained another’s confidential information.
The High Court decided that, for breach of confidence to be established (and therefore to afford legal remedies to a party whose confidential information has been taken), it is not necessary to show that confidential information has actually been used/misused by the defendant. Legal recourse could therefore be open to the criticism that it amounted to ‘closing the stable door after the horse had bolted’.Īdopting an innovative approach, the High Court found in this case that there is no need for a claimant to prove that it has suffered harm when alleging breach of confidence. It could also mean that remedies were often only available after the event. That could often be very a difficult hurdle for a claimant to overcome. Prior to this case, received wisdom had been that to succeed with a claim for breach of confidence a claimant would have to prove not only that confidential information had been taken, but also that it had been used in competition, and that its use had caused loss and damage.
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