Confidential Information and Restraint of Trade: Thomas v Farr Plc - Ocular Sciences to join Series 5?
Nearly 10 years ago I wrote a case note on Ocular Sciences v Aspect Vision Care [1997] RPC 289 entitled "Have Faccenda's Chickens had their Chips?" I chose that title because the CA had appeared to draw a distinction in Faccenda Chickens v Fowler [1984] ICR 589 between "trade secrets" the disclosure or use of which could be restrained without a restrictive covenant and other confidential information that could not. Drawing the line between the two was never very satisfactory and in Ocular Sciences Sir Hugh seemed to offer a better test. He started from the premises that an employee is entitled to deploy his skill and expertise for any employer though an employer may restrain unauthorized use or disclosure of his confidential information like anyone else. He acknowledged that it is public policy that an employee should use and put at the disposal of new employers all his acquired skill and knowledge no matter where he acquired it or whether it was secret ...