A vs B

This case concerned a breach of confidentiality by a finance manager, leading to a summary judgment application by the employer.

TLDR:

• The claimant, A, sought summary judgment against the defendant, B, for breach of confidentiality.
• The defendant argued for strike out and discontinuance, citing abuse of process and lack of jurisdiction.
• The court found in favor of the claimant, granting summary judgment.

The claimant, a clearing bank, employed the defendant as a finance manager. The defendant allegedly breached his contractual and common law duty of confidence by forwarding confidential information to his personal email account.

The claimant applied for summary judgment under CPR Part 24, while the defendant sought to strike out the claim, arguing it was an abuse of process and that the court lacked jurisdiction. The court considered evidence from both parties, including the defendant's capacity to conduct litigation and his claims of needing additional time due to a genetic disorder.

The court found that the defendant had no real prospect of successfully defending the claim. The evidence showed that the defendant forwarded confidential information to his personal email account, triggering an automated security alert. Despite the defendant's various arguments, including that the email was password-protected and that he needed the information for potential future litigation, the court was not persuaded.

The court emphasized that the duty of confidentiality survives the termination of employment and that the defendant's actions constituted a clear breach of this duty. The court also noted that the defendant's arguments were inconsistent and not supported by evidence.

As a result, the court granted summary judgment in favor of the claimant, finding that the defendant had no real prospect of successfully defending the claim and that there was no compelling reason for a trial.

Legal representatives: Mr. Daniel Hubbard, of counsel, instructed by Lee & Thompson LLP, for the Claimant. The Defendant appeared in person.

Judicial Panel: MASTER YOXALL (Sitting in Retirement)

Case Citation Reference: [2024] EWHC 1400 (KB)