Mulsanne v Marshmallow [2022] EWHC 276 (Ch)

11 February 2022

Martin Howe QC leading Ashton Chantrielle appeared together with Aidan Christie QC and Martyn Naylor for the claimant in this complex claim for breach of confidence and trade secrets in the methodologies used by an automated ratings engine for the pricing of motor insurance premiums quoted on price comparison websites. There were also contractual claims against the defendant which formerly issued policies on behalf of the claimant under an insurance Terms of Business Agreement (TOBA). A 4 week trial took place in November and December 2021.

The judge (Sir Anthony Mann) held that there had been misuse of confidential information in some activities carried out by the defendant in preparation for its new business but dismissed the claimant’s other allegations. He held that the claimant had been entitled to terminate the TOBA when it did in view of the first defendant transferring a major proportion of its business with the claimant to the second defendant.


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