Jonathan Hill successfully represented the Claimant (“Corrigan”) in a liability trial of breach of confidence, procuring breach of contract, and unlawful means conspiracy claims against the Defendants. The claims concerned misuse of information relating to a possible tax mitigation scheme utilising R&D tax relief by Corrigan. The Second to Fourth Defendants had been directors of the First Defendant.
Jonathan Hilliard KC (sitting as Deputy Judge of the High Court) held that the information provided to the Defendants by Corrigan did constitute confidential information and that the First, Third and Fourth Defendants were jointly liable for breach of confidence and unlawful means conspiracy. The Defendants were not liable for procuring breach of contract, due to limitation. The Second Defendant was not proved to have sufficient involvement to incur personal liability.
The Judge also decided that i) the statutory time limit for a claim in tort does not apply by analogy to breach of confidence; ii) a claim for account of profits was not a money claim, so Corrigan had paid the correct court fee; and iii) the Defendants were to pay Corrigan 100% of its costs, to be assessed on the indemnity basis, in relation to the Defendants’ application for relief from sanction in respect of their failure to put in witness statements compliant with PD 57AC.