INTELLECTUAL PROPERTY • SCIENCE AND TECHNOLOGY
MEDIA AND ENTERTAINMENT • COMPETITION
TRADE SECRETS, CONFIDENTIAL INFORMATION, PRIVACY AND DATA PROTECTION
Members of 8 New Square regularly advise and act in cases of alleged misappropriation of trade and personal secrets.
Technical secrets
Often trade secrets cases concern technical subject-matter such as processes or recipes for making products, or detailed technical designs. Examples of such cases include EPI v. Symphony (plastics formulations), Lancashire Fires v. Lyons (gas log fire components), Cray Valley v. Deltech (resin formulations), Stanelco v. Bioprogress (biodegradable capsules), Collag v. Merck (pesticide formulations) and Croll v. Todd (designs for geodesic ray-domes).
We have also been involved in the protection of confidential aspects of computer software and of business plans / trading methods, e.g. Optimum Solutions v. Yorkshire Electricity (electricity trading formulae).
Media and publishing cases
We are also experienced in dealing with non-technical confidential subject-matter such as proposed formats for television shows - European Business Consultancy v. 19 TV (Pop Idol) - or the contents of unpublished books - Ashdown v. Telegraph Group (Ashdown Diaries), Times Newspapers v. MGN (Thatcher Diaries) and Bloomsbury v. News Group (Harry Potter).
The Bloomsbury case is a good example of our skill in devising appropriate remedies in trade secrets cases (in that case, a "John Doe" order against persons unknown). We are also experienced in resisting inappropriate relief, as illustrated by the case of The Gadget Shop v. Bug.com, where a search and seizure order against ex-employees was set aside.
Ex-employee cases
Allegations of misappropriation of trade secrets often arise in cases where former directors or employees have left a business. We are used to addressing the other issues that arise in such situations (breach of duty of fidelity, breach of contractual restraints, breach of fiduciary duty) as well as pure trade secrets issues. Recent examples include Ultraframe v. Fielding (conservatory and roof design), Cray Valley v. Deltech (coating and structural resins), Helmet Integrated Systems v. Tunnard (fire helmet business, breach of fiduciary duty and duty of fidelity), Intranetics v. Cookson (traffic camera web sites) and Cygnus Automotive v. Acquila Electronics (taxi meters).
Privacy and personal information
In addition to commercial secrets, members of 8 New Square also advise and act in cases involving personal confidential information, including the prominent recent case concerning Prince Charles' private diaries - Prince of Wales v. Associated Newspapers.
Members of chambers have experience in dealing with the human rights issues which arise in such cases.
One member of chambers was involved in two of the leading cases on protection of newspaper sources - Secretary of State for Defence v. Guardian Newspapers and X v Y.
Disclosure of confidential documents and professional privilege
Members of chambers also have experience of cases involving disclosure and the protection of legal professional privilege including Prince Jefri Bolkiah (the leading, House of Lords, case on Chinese walls), Surface Technology v. Young (assignment of rights of confidence and privilege), Dyson v. Hoover (disclosure obligations in an inquiry) and IBM v. Phoenix (inadvertent loss of privilege).
Data protection
A number of members of Chambers have undertaken work in this field, acting both for data controllers and data subjects. Work has included:
- Civil litigation against data controllers in respect of their policies and practices. This has taken place both in the County Court and the Chancery Division of the High Court. Recent examples are Penning v. The National Probation Service, Sariyiah v. Peters Fraser & Dunlop and Johnson v. The Medical Defence Union.
- Disputes concerning subject access requests, rights to prevent processing, use of CCTV footage, conflicts between rights of privacy and rights of public security, compensation and accuracy orders. A recent example is Calvert v. Yorkshire Bank.
- Preparation of submissions to the Information Commissioner.
- Advice on data protection issues, for example advising on the data protection implications of a merger between two major banks.