In order to simplify the assessment of damages, the parties agreed that the compensation measure should be the one Rutland would be willing to pay to each of the complainants in order to obtain their agreement on the confidential information, i.e. the court was asked to assess the price to be paid so that they would not participate in the transaction. This approach is the same approach that, in the event of a breach of a negative contractual covenant (a promise to do nothing), was sometimes known as the Wrotham Park approach, after the Wrotham Park Estate Co Ltd v. Parkside Homes Ltd case [1 1 WLR 798. For example, Hotmail founder Sabeer Bhatia has asked more than 400 people – not only his employees, but also his friends and roommates – to sign confidentiality agreements, saying his efforts to protect confidentiality have helped his company stay six months ahead of its competitors. The applicants, Mr. Vercoe and Mr. Pratt, identified a business opportunity for a management buyout in the pawnbroking company H-T. They approached the defendant (Rutland), a venture capital firm, for financing. Confidentiality agreements were signed and the applicants agreed with Rutland on a business plan stating that the applicants should be COO or commercial director of the new activity.
Or it could be a collaboration between several of your employees or a collaboration with an external party that is trying to take advantage of the violation. The use of inadequately protected personal gadgets and the transmission of confidential information via electronic platforms, i.e. emails involving intermediaries or agents, has increased the possibility of breaches of confidentiality and data theft by the recipient of information based on trust or contract. T In cases where an information provider finds a breach of the confidentiality agreement by the recipient of the information, the provider may apply to the civil court for an injunction of omission against that recipient, pursuant to Section 38 of the Specific Relief Act, 1963. Because confidentiality agreements are treated as contracts, several contract defence violations may apply in some cases. For example, the defense of impure hands may apply. In this case, the applicant did commit the same type of conduct as the injurious party, who would then disqualify her in order to seek appeal to the courts. Several other remedies may apply depending on the circumstances The effects of this decision may be a welcome comfort to those considering using confidentiality agreements to protect their valuable and confidential business data and information in all types of trade negotiations, including business sales and purchases (sale of assets or shares) , new partner operations and, in many other circumstances. The court found that the information shared with Rutland was confidential. The information provided by the applicants identified H-T as a serious and attractive potential target, and it was not public knowledge in the market that Cash America (the previous owner of H-T) could be open to an offer to purchase H-T. The complainants had conducted their own investigations and analyses to identify the objective reasons for this thesis and to present them consistently in a business plan. This information was of economic value, and Rutland`s use of rutland for its own purposes constituted a breach of trust.