Sowing The Seeds Of Dissent

Sowing the seeds of dissent

has found a curiosity on BAILII. This is a determination of the Court of Appeal (Lords/Ladies Justices Ward, Arden in addition to Moore-Bick) final Midweek inward Gorne v Scales, Taylor in addition to Bill, an extraordinarily rare dissever determination on how to assess damages for breach of a duty of confidentiality inward honour of textile held on a database.

The information inward inquiry was client information that was stored inward a carte index in addition to reckoner database belonging to a trouble organisation called Seeds Direct. Gorne was a partner inward the outset trouble organisation that owned the data, exactly non inward a subsequent partnership - laid after the original i was dissolved - which truly used the carte index information commercially. The trial approximate (Kevin Garnett QC, sitting equally a Deputy Judge of the Chancery Division) directed that at that spot live on an enquiry equally to the impairment suffered past times Gorne on the supposition that her loss live on measured past times reference to the value of the confidential information.

The enquiry was conducted past times Master Bragge, who accepted the method of valuing the carte index that was suggested past times Gorne's skillful witness. This method involved valuing the carte index equally utilization of the assets of a going concern, i.e. past times reference to the actual trading results of the novel partnership. Gorne was held entitled to damages inward honour of her i 3rd involvement inward the carte index on this basis. One of the defendants (a quondam trouble organisation partner) yet said that the primary was incorrect to convey this method: he should direct keep assessed its value past times working out the cost at which it could direct keep been sold past times the quondam partnership inward the opened upwards marketplace nether the circumstances that existed at the time.

The Court of Appeal (Arden LJ dissenting) allowed the appeal in addition to ordered a fresh inquiry. In the Court's opinion

* the method adopted past times the primary proceeded on the erroneous supposition that the quondam partnership was a good established trouble organisation that could live on valued equally a going concern. In truth its alone existent property was the carte index, exactly the dissolved partnership was inward no seat to brand whatsoever utilization of it other than past times selling it on the opened upwards market. This existence so, Gorne's loss had to live on assessed past times reference to the value of the index on the opened upwards marketplace at the fourth dimension of its removal, non past times reference to the utilization to which it was later position past times the novel partnership.

* the master's approach was non in addition to so much to enquire into the impairment suffered past times Gorne equally to exercise an trouble organisation human relationship of the profits wrongfully gained through the misuse of the information.

* the right mensurate of damages inward this classify of example was to flora the marketplace value of the confidential information on a sale betwixt a willing seller in addition to a willing buyer at the fourth dimension of the dissolution of the quondam partnership.

notes that "willing seller/willing buyer" is soundless a permissible. He got the impression that a differently-constituted Court of Appeal inward Reed v Reed was non in addition to so enthusiastic almost it.

Secret seeds here
Primal seeds here
Wimbledon seeds here