C had idea for TV series concerning a female rock group. Was partly fictional and partly based on experiences of C. Idea was communicated to D (a scriptwriter), who then communicated it to D2 (a producer). D and D2’s TV company went on to produce TV show based on idea, but using different actresses to C. C sued for breach of confidence. Held:
· Fact that idea was communicated orally is irrelevant to liability
Ø 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
Ø i.e. as vague idea does not suffice
Ø but also no need for idea to be fully developed
· Information was confidential.