New Judgment: Vestergaard Frandsen A/S (now called MVF3 APS) & Ors v Bestnet Europe Ltd & Ors  UKSC 31
22 Wednesday May 2013
On appeal from:  EWCA Civ 424.
A party who is the subject of an admitted duty or obligation of confidence must have actual or objective knowledge that the acts complained of constitute a breach of that duty or obligation. An action for breach of confidence is based ultimately on conscience. In order for the conscience of the recipient to be affected, she must have information which she has agreed, or knows, is confidential, or she must be party to some action which she knows involves the misuse of confidential information. The law should not discourage former employees from benefitting society and advancing themselves by imposing unfair potential difficulties on their honest attempts to compete with their former employers.