Confidentiality
by Philip
Ignorance and prevarication can be costly! The Court of Appeal have recently had to wrestle with the thorny issue of confidentiality. An employee with an express term of confidentiality in his contract left one employer to go to work for another employer, a competitor. The former employer’s Solicitors wrote to the new employer requesting an undertaking from the new employer to the effect that the new employer would not do anything to encourage the employee to breach the confidentiality clause. The new employer ignored the first letter and said that it was investigating the matter, in reply to a second letter. The old employer applied for an injunction, the undertakings were then given and the Court of Appeal held that the new employer was responsible for all the legal costs incurred by the old employer in applying for an injunction.
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