A Birmingham law firm is warning the region's directors to be
fully aware of the legal implications of revealing information
about their former companies.
A recent court case, The Hedgehog Golf Company v Hauser, has
opened up new ground with regard to the extent of ex-directors'
obligations, and prevents them from revealing information about
their former company to a new employer.
In the case, an ex-director had been on the verge of revealing
confidential information about one of his former company's
products, a patented device known as a Hedgehog. Their former
company applied to the High Court to prevent this.
Jon Huskisson, solicitor at Birmingham law firm The Wilkes
Partnership, commented: "The High Court granted the former employer
something unusual called a 'perpetual injunction', banning the
ex-director from ever disclosing specified information regarding
the product.
"It is well known that this area of law is quite difficult to
define through hard and fast rules, with confidentiality clauses
often difficult to enforce.This case vividly demonstrates that
people in this position, on whichever side of a dispute, do need to
obtain proper legal advice to be sure of what rights they
have."