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Landmark Directors' Duties Case for Trinity Commercial Silk and Barrister


Trinity Silk Andrew Stafford Q.C. and Commercial barrister Simon Goldberg recently represented Personal Group, a group of insurance companies, who brought an action for breach of confidential information in respect of a former director who had left and set up in competition.

It was alleged that the former director and his companies were utilising lists of customers which were subject to a confidentiality clause, and that the director had failed to comply with undertakings given shortly before he left Personal Group.

Following a four day trial before HHJ Curran Q.C. in the Queen's Bench Division, the claims succeeded and the Judge granted an injunction restraining further use of the list and ordered a further hearing for damages to be assessed.

The claim was a test case for the industry, with the judgment providing clarification that information about insurance premiums, paid by employer on behalf of the employee as a payroll deduction, remains the confidential information of the insurer and cannot be disclosed to or used by competitors.

Case analysis is available on Westlaw and the full judgment in Personal Management Solutions Ltd & others v Brakes Brothers Ltd & others [2014] EWHC 3495 (QB); [2014] All ER (D) 125 (Nov) can be found here.

Andrew Stafford Q.C. and Simon Goldberg are each members of Trinity Chambers' BusinessChancery and Employment practice groups.

Simon's Commercial litigation experience was recently highlighted in Chambers UK 2015: "Has a broad commercial and chancery practice noted for its focus on shareholder disputes and directors' duties. A veteran advocate, he has considerable experience of litigating in the Chancery and Queen's Bench Divisions of the High Court. "He combines good analytical skills with a firm grasp of the commercial realities of the client's situation."

The barristers in the Business Law team as a whole have been recognised by Chambers UK 2015: "Trinity Chambers' business law team handles a wide range of both contentious and non-contentious matters for a variety of clients, including SMEs, local authorities and individual professionals. The set is able to cover the full range of commercial litigation, including disputes relating to insolvency, construction and engineering. 'The clerks are really excellent and responsive.'"

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