Case of the week: No breach of confidence when former employee unaware of misuse of confidential information

In DLA Piper's case of the week, Vestergaard Frandsen v Bestnet Europe and others, the Supreme Court held that an individual can be liable for breach of confidence only if he or she knows that the information being used is confidential.

Facts

An appeal was brought by Vestergaard against the Court of Appeal decision that Mrs Sig, one of the directors of Bestnet Europe, was not liable to Vestergaard (her former employer) for misuse of trade secrets after she ceased her employment with Vestergaard.