J N Dairies Ltd v Johal Dairies Ltd & Anor

LORD JUSTICE MUMMERY LORD JUSTICE STANLEY BURNTON and LORD JUSTICE SULLIVAN ____________________

(Transcript of the Handed Down Judgment of WordWave International Limited A Merrill Communications Company 165 Fleet Street, London EC4A 2DY Tel No: 020 7404 1400, Fax No: 020 7404 1424 Official Shorthand Writers to the Court)

Tim Lord QC and Richard Blakeley (instructed by Druces LLP) for the Appellant Vernon Flynn QC and Damien Walker (instructed by Burges Salmon LLP) for the Respondent Gurbir Singh did not appear and was not represented. Hearing dates : 16, 17 March 2010 ____________________

(d) If the answers to all those questions were affirmative, did the Appellant use any of that information in order to seek the business of the customers to whom they were addressed by undercutting the Respondent's prices?

Directions were given that were appropriate to the trial of these issues. I would observe, parenthetically, that the formulation of the issue was unfortunate. In fact, this was not to be the trial of a preliminary issue. It was rather the trial on the issue of liability. The Respondent would have succeeded on the preliminary issue as drafted if the Appellant had received and misused only one invoice containing confidential information. That would hardly have been a useful result.