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Archives for : March2020

Recent cases – DAMS v Legend Legal

Direct Accident Management Ltd v Jon Mitchell Marketing Ltd & others, including Legend Legal

This was a case of breach of confidence. The claim was that the information belonging to the Claimant (DAMS), including client lists, had been obtained in breach of confidence by the first defendant (JMM) and passed to two firms of solicitors, the third and fourth defendants. David acted for the two firms of solicitors.

The fourth defendant, Legend Legal, brought an application for summary judgment on the basis that, even if the information was confidential, there was no evidence at all that Legend knew this.

The application was granted by His Honour Judge Eyre QC, sitting in the Business and Property Courts in Manchester. The Judge held that whilst there was the real possibility that DAMS could show that the information was confidential and had been obtained wrongly, even if these were established at trial, there was no real prospect of showing that Legend Legal had any knowledge of this. Legend was not obliged to make inquiries as to the source of claims, since most information about the claim itself came from the individual client. There was no reason why Legend should be on notice that any claim information could have come from DAMS (even if it was shown at trial that it did).

This was an unusual case where the Court was willing to take the view that there was no basis for the claim succeeding, even though it alleged quite serious wrongdoing which would usually be dealt with at trial (the rest of the claim subsequently settled).

The claim is reported on Lawtel at 3 December 2019 and at [2019] 7 WLUK 818