C operated business of rearing, killing and selling fresh chickens. D was sales manager for C, but left to start up his own business selling fresh chickens in same area. Several of C’s employees left to join D. C sued D alleging breach of confidence, in that D had used sales information gained during his employment with D – i.e. contact details of customers, prices C charged etc. Held:
· Four factors relevant to showing implied obligation (see notes)
· On facts, was no breach of duty of fidelity
· None of information could be regarded as secret
Ø D had been required to remember the information to carry out his job as C’s sales director
Ø Information was generally known amongst all staff
– And not restricted to inner circle
Ø Was no indication by C that information was confidential
