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Confidential information and the ex-employee

This old chestnut has been in court again. The law about what information in a business is regarded as confidential and so must not be taken or used by an ex-employee is complex. The practical effect of the law often seems at odds with commercial common sense depending on the circumstances. In the most recent case, the court has held that information about quantities and prices contained in invoices sent to customers was confidential information. Therefore, the taking of the invoices by the ex-employee and the use of them by another business to which the invoices had been disclosed was a breach of confidence. The court case brought by the former employer which had sent the invoices was successful.

John Sykes, Lupton Fawcett LLP

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