Breach of Confidence

Summary

This practice note discusses how an employer can respond to a breach of the duty of confidentiality by an employee or former employee, including the use of cease and desist letters. It discusses the elements of the test for breach of confidence and common defences to a claim for breach of confidence. Finally, it discusses the interim and final remedies that are available and typically granted in a breach of confidence action, including interlocutory injunctions, Anton Piller orders, preservation orders, damages, accounting of profits and permanent injunctions.