Wednesday, 22 May 2013

UK: Breach of confidence - Supreme Court gives judgment in Vestergaard

The Supreme Court gave judgment today in Vestergaard Frandsen A/S v Bestnet Europe Ltd. [2013] UKSC 31: see here or here (pdf). Lord Neuberger, delivering the opinion of the court, held that an action for breach of confidence was based ultimately on conscience and that in order for the recipient's conscience to be affected, he must have information which he agreed, or knew, was confidential, or he must be party to some action which he knew involved the misuse of confidential information. A summary of the decision, prepared by the court, is available here (pdf). A summary was also delivered in court this morning by Lord Neuberger:

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