English Law Basics · glossary

Breach of confidence

Misuse of information that someone received knowing it was secret. Dean’s June email used Frescalva’s customer list and discount sheet, so it is one. Selling for a rival, on its own, is not. Case note, Vestergaard v Bestnet · Chapter 8 · see Injunction (interim), Undertaking

Explained in Chapter 8, What Is Equity: Injunctions and Breach of Confidence, of English Law Basics.

How it comes up, in Chapter 8
An injunction is a remedy. It still needs a wrong to rest on, and here the wrong is breach of confidence: the misuse of information that someone received knowing it was secret. In Vestergaard Frandsen A/S v Bestnet Europe Ltd [2013] UKSC 31 the Supreme Court set out the test at paragraph 23.
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Where this term lives

This term is part of one fictional business dispute, from the client's email to the advice letter, with every document attached and a test after every chapter. Open English Law Basics → · All terms A–Z →