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Insights
04/03/2025
Hugh Sims KC and Jay Jagasia have been successful in the High Court, following a 9-day trial before Mr. Justice Calver, the Commercial Court handed down judgment in 𝘏𝘦𝘯𝘥𝘦𝘳𝘴𝘰𝘯 & 𝘑𝘰𝘯𝘦𝘴 𝘓𝘵𝘥 𝘷 𝘚𝘢𝘭𝘪𝘤𝘢 𝘐𝘯𝘷𝘦𝘴𝘵𝘮𝘦𝘯𝘵𝘴 𝘓𝘵𝘥 𝘢𝘯𝘥 𝘵𝘩𝘳𝘦𝘦 𝘰𝘵𝘩𝘦𝘳𝘴 [2025] 𝘌𝘞𝘏𝘊 475 (𝘊𝘰𝘮𝘮) on 3 March, a claim which concerns breaches of an equitable duty of confidence arising from the Defendants’ misuse of confidential information relating to a software application for the care industry known as True View Care (TVC).
The confidential information was imparted in order to secure investment in TVC but was subsequently misused by the Defendants in the development of a rival business opportunity. The court found the First and Fourth Defendants jointly and severally liable for the misuse and has awarded damages of about £2.15m (judgment having already been entered against the Second and Third Defendants). The court also concluded that there had been material failures to preserve disclosable documents and that they were likely to have been deliberately destroyed, and drew adverse inferences against the Defendants.
Hugh Sims KC and Jay Jagasia represented the Claimant, Henderson & Jones, instructed by Cardium Law Limited (Christopher MacQueen, David Davies, and Charlotte Killick).
A transcript of the judgment can be found here.
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