Fraser v Thames TV [1984] 1 QB 44

• Claimant had idea for TV series concerning a female rock group. Was partly fictional and partly based on experiences of Claimant. Idea was communicated to Defendant (a scriptwriter), who then communicated it to Defendant 2 (a producer).

• Defendant and Defendant 2’s TV company went on to produce TV show based on idea, but using different actresses to Claimant.

• Claimant sued for breach of confidence.

Held

• Fact that idea was communicated orally is irrelevant to liability

  • I.e. information can be confidential regardless of its form.

• To be confidential, idea must have some element of originality not already in public knowledge.

• Must also be case that idea is clearly identifiable

  • I.e. as vague idea does not suffice, but also no need for idea to be fully developed

Facts

• Information was confidential.